Monterey County SO Custody Manual

Monterey County Sheriff's Office

Published with permission by Monterey County Sheriff's Office

Mission - 1

MISSION

Our main mission is the protection of life and property of citizens in Monterey County and the

operation of the County Jail. We shall provide quality law enforcement service to everyone in

Monterey County with dedication, honor and commitment. We shall faithfully serve the people

whose laws we enforce and that in so doing we will never violate the public’s trust placed in

our positions. We shall demand of ourselves the highest standards of honesty and integrity.

We recognize that our employees are our most valued assets and we recognize that diversity

is strength. We further recognize the importance of investing in the future of our community’s

children. We shall safeguard the rights of everyone, regardless of who they are or what

they represent. And we shall work together with the community to solve problems and form

partnerships. We shall treat each other and the public with dignity and respect while basing our

decisions on what is best for the public and what is best for the agency. Our actions will consistently

be in the best interest of the public without bias or prejudice. We shall strive to improve the quality

of life for everyone by working together to make our streets, neighborhoods and schools safe.

Monterey County Sheriff's Office

Monterey County SO Custody Manual

Published with permission by Monterey County Sheriff's Office

Code of Ethics - 2

CODE OF ETHICS

My fundamental duty is to serve the community; to safeguard lives and property; to protect the

innocent against deception, the weak against oppression or intimidation and the peaceful against

violence or disorder; and to respect the constitutional rights of all to liberty, equality and justice.

I will keep my private life unsullied as an example to all and will behave in a manner that does

not bring discredit to me or to my agency. I will maintain courageous calm in the face of danger,

scorn or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest

in thought and deed both in my personal and official life, I will be exemplary in obeying the law

and the regulations of my department. Whatever I see or hear of a confidential nature or that is

confided to me in my official capacity will be kept ever secret unless revelation is necessary in

the performance of my duty.

I will never act officiously or permit personal feelings, prejudices, political beliefs, aspirations,

animosities or friendships to influence my decisions. With no compromise for crime, I will enforce

the law courteously and appropriately without fear or favor, malice or ill will, never employing

unnecessary force or violence and never accepting gratuities.

I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to

be held so long as I am true to the ethics of criminal justice service. I will never engage in acts of

corruption or bribery, nor will I condone such acts by other officers. I will cooperate with all legally

authorized agencies and their representatives in the pursuit of justice.

I know that I alone am responsible for my own standard of professional performance and will take

every reasonable opportunity to enhance and improve my level of knowledge and competence.

I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my

chosen profession.

Monterey County Sheriff's Office

Monterey County SO Custody Manual

Published with permission by Monterey County Sheriff's Office

Table of Contents - 3

Table of Contents

Mission . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Code of Ethics . . . . . . . . . . . . . . . . . . . . . . . . 2

Chapter 1 - Role and Authority . . . . . . . . . . . . . . . . . . 8

100 - Organizational Structure and Responsibility . . . . . . . . . . . . 9

101 - Authority and Legal Assistance . . . . . . . . . . . . . . . . 10

102 - Annual Review and Performance-Based Goals and Objectives . . . . . . 12

103 - Custody Manual . . . . . . . . . . . . . . . . . . . . . 15

104 - Administrative Communications . . . . . . . . . . . . . . . . 18

105 - General Orders . . . . . . . . . . . . . . . . . . . . . 20

106 - Annual Facility Inspection . . . . . . . . . . . . . . . . . . 21

107 - Special Assignments and Promotions . . . . . . . . . . . . . . 24

108 - Standards of Conduct . . . . . . . . . . . . . . . . . . . 26

109 - Discriminatory Harassment . . . . . . . . . . . . . . . . . 27

111 - Post Orders . . . . . . . . . . . . . . . . . . . . . . 33

112 - Anti-Retaliation . . . . . . . . . . . . . . . . . . . . . 34

Chapter 2 - Organization and Administration . . . . . . . . . . . . . 38

200 - Drug- and Alcohol-Free Workplace . . . . . . . . . . . . . . . 39

201 - Financial Practices . . . . . . . . . . . . . . . . . . . . 42

202 - Supervision of Inmates - Minimum Requirements . . . . . . . . . . 46

203 - Prohibition on Inmate Control . . . . . . . . . . . . . . . . . 47

204 - Equipment Inventory and Supplies . . . . . . . . . . . . . . . 48

205 - Tool and Culinary Equipment . . . . . . . . . . . . . . . . . 50

206 - Records and Data Practices . . . . . . . . . . . . . . . . . 53

207 - Research Involving Inmates . . . . . . . . . . . . . . . . . 54

208 - Inmate Records . . . . . . . . . . . . . . . . . . . . . 56

209 - Report Preparation . . . . . . . . . . . . . . . . . . . . 58

210 - Key and Electronic Access Device Control . . . . . . . . . . . . 61

211 - Daily Activity Logs and Shift Reports . . . . . . . . . . . . . . 64

212 - Personnel Records . . . . . . . . . . . . . . . . . . . . 67

213 - Administrative and Supervisory Inspections . . . . . . . . . . . . 73

214 - Employee Compensation . . . . . . . . . . . . . . . . . . 75

215 - Perimeter Security . . . . . . . . . . . . . . . . . . . . 76

216 - Accessibility - Facility and Equipment . . . . . . . . . . . . . . 78

217 - News Media Relations . . . . . . . . . . . . . . . . . . . 80

218 - Community Relations and Public Information Plan . . . . . . . . . . 84

219 - Victim Notification of Inmate Release . . . . . . . . . . . . . . 86

220 - Vehicle Safety . . . . . . . . . . . . . . . . . . . . . 88

221 - Staffing Plan . . . . . . . . . . . . . . . . . . . . . . 91

222 - Employee Speech, Expression and Social Networking . . . . . . . . . 93

223 - Information Technology Use . . . . . . . . . . . . . . . . . 97

224 - Payroll Records . . . . . . . . . . . . . . . . . . . . 100

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Monterey County SO Custody Manual

Published with permission by Monterey County Sheriff's Office

Table of Contents - 4

225 - Temporary Modified-Duty Assignments . . . . . . . . . . . . . 101

226 - Illness and Injury Prevention . . . . . . . . . . . . . . . . 104

227 - Occupational Disease and Work-Related Injury Reporting . . . . . . . 109

228 - Evaluation of Employees . . . . . . . . . . . . . . . . . . 111

229 - Entertainment Devices / Personal Cell Phones . . . . . . . . . . . 115

Chapter 3 - Recruitment Selection and Planning . . . . . . . . . . . . 117

300 - Employee Orientation . . . . . . . . . . . . . . . . . . . 118

301 - Continuing Professional Education . . . . . . . . . . . . . . . 119

302 - Training for Managers and Supervisors . . . . . . . . . . . . . 120

303 - Facility Training Officer Program . . . . . . . . . . . . . . . 122

304 - Training . . . . . . . . . . . . . . . . . . . . . . . 124

305 - Specialized Training . . . . . . . . . . . . . . . . . . . 126

306 - Chemical Agents . . . . . . . . . . . . . . . . . . . . 127

307 - Prison Rape Elimination Act Training . . . . . . . . . . . . . . 129

308 - Health Care Staff Orientation . . . . . . . . . . . . . . . . 131

309 - Volunteer Program . . . . . . . . . . . . . . . . . . . . 133

310 - Briefing Training . . . . . . . . . . . . . . . . . . . . 139

311 - Training Plan . . . . . . . . . . . . . . . . . . . . . 141

312 - Support Personnel Training . . . . . . . . . . . . . . . . . 144

Chapter 4 - Emergency Planning . . . . . . . . . . . . . . . . . 146

400 - Facility Emergencies . . . . . . . . . . . . . . . . . . . 147

401 - Emergency Staffing . . . . . . . . . . . . . . . . . . . 154

402 - Fire Safety . . . . . . . . . . . . . . . . . . . . . . 156

403 - Emergency Power and Communications . . . . . . . . . . . . . 159

404 - Evacuation . . . . . . . . . . . . . . . . . . . . . . 161

Chapter 5 - Inmate Management . . . . . . . . . . . . . . . . . 164

500 - Population Management . . . . . . . . . . . . . . . . . . 165

501 - Inmate Counts . . . . . . . . . . . . . . . . . . . . . 167

502 - Inmate Reception . . . . . . . . . . . . . . . . . . . . 168

503 - Inmate Handbook and Orientation . . . . . . . . . . . . . . . 175

504 - Inmate Safety Checks . . . . . . . . . . . . . . . . . . 177

505 - Special Management Inmates . . . . . . . . . . . . . . . . 178

506 - Civil Detainees . . . . . . . . . . . . . . . . . . . . . 184

507 - Management of Weapons and Control Devices . . . . . . . . . . . 187

508 - Inmate Classification . . . . . . . . . . . . . . . . . . . 189

509 - Conducted Energy Device . . . . . . . . . . . . . . . . . 195

510 - Control of Inmate Movement . . . . . . . . . . . . . . . . 201

511 - Use of Force . . . . . . . . . . . . . . . . . . . . . 202

512 - Use of Restraints . . . . . . . . . . . . . . . . . . . . 215

513 - Electronic Restraints . . . . . . . . . . . . . . . . . . . 220

514 - Searches . . . . . . . . . . . . . . . . . . . . . . . 223

515 - Reporting In-Custody Deaths . . . . . . . . . . . . . . . . 232

516 - Staff and Inmate Contact . . . . . . . . . . . . . . . . . 234

517 - Transportation of Inmates Outside the Secure Facility . . . . . . . . 237

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Published with permission by Monterey County Sheriff's Office

Table of Contents - 5

518 - Safety and Sobering Cells . . . . . . . . . . . . . . . . . 239

519 - Biological Samples . . . . . . . . . . . . . . . . . . . 241

520 - End of Term Release . . . . . . . . . . . . . . . . . . . 244

521 - Over-Detention and Inadvertent Releases . . . . . . . . . . . . 247

522 - Canines . . . . . . . . . . . . . . . . . . . . . . . 249

524 - The California Values Act (S54) . . . . . . . . . . . . . . . 253

Chapter 6 - Inmate Due Process . . . . . . . . . . . . . . . . . 255

600 - Inmate Discipline . . . . . . . . . . . . . . . . . . . . 256

601 - Disciplinary Separation . . . . . . . . . . . . . . . . . . 265

602 - Inmates with Disabilities . . . . . . . . . . . . . . . . . . 271

603 - Inmate Access to Courts and Counsel . . . . . . . . . . . . . 275

604 - Foreign Nationals and Diplomats . . . . . . . . . . . . . . . 280

605 - Inmate Rights - Protection from Abuse . . . . . . . . . . . . . 284

606 - Prison Rape Elimination Act . . . . . . . . . . . . . . . . . 286

608 - Grooming . . . . . . . . . . . . . . . . . . . . . . 298

609 - Inmate Nondiscrimination . . . . . . . . . . . . . . . . . 300

610 - Inmate Grievances . . . . . . . . . . . . . . . . . . . . 302

611 - Inmate Voting . . . . . . . . . . . . . . . . . . . . . 306

Chapter 7 - Medical-Mental Health . . . . . . . . . . . . . . . . . 308

700 - Health Care Administrative Meetings and Reports . . . . . . . . . . 309

701 - Access to Health Care . . . . . . . . . . . . . . . . . . 312

702 - Non-Emergency Health Care Requests and Services . . . . . . . . . 314

703 - Referrals and Transportation to Specialty Care . . . . . . . . . . . 317

704 - Emergency Health Care Services . . . . . . . . . . . . . . . 319

705 - Health Care for Pregnant Incarcerated Persons . . . . . . . . . . 323

707 - Health Authority . . . . . . . . . . . . . . . . . . . . 328

708 - Health Appraisals . . . . . . . . . . . . . . . . . . . . 331

709 - Healthy Lifestyle Promotion . . . . . . . . . . . . . . . . . 333

710 - Transfer Screening . . . . . . . . . . . . . . . . . . . 335

711 - Medical Screening . . . . . . . . . . . . . . . . . . . . 338

712 - Mental Health Services . . . . . . . . . . . . . . . . . . 343

713 - Mental Health Screening and Evaluation . . . . . . . . . . . . . 346

714 - Special Needs Medical Treatment Plan . . . . . . . . . . . . . 349

715 - Communicable Diseases . . . . . . . . . . . . . . . . . . 353

716 - Aids to Impairment . . . . . . . . . . . . . . . . . . . 368

717 - Detoxification and Withdrawal . . . . . . . . . . . . . . . . 371

719 - Clinical Performance Enhancement . . . . . . . . . . . . . . 374

720 - Clinical Decisions . . . . . . . . . . . . . . . . . . . . 376

721 - Health-Trained Custody Staff . . . . . . . . . . . . . . . . 377

722 - Licensure, Certification, and Registration Requirements . . . . . . . . 379

723 - Inmate Death - Clinical Care Review Procedure . . . . . . . . . . 381

724 - Nursing Assessment Protocols . . . . . . . . . . . . . . . . 384

725 - Infirmary Care . . . . . . . . . . . . . . . . . . . . . 386

726 - Medical Equipment and Supply Control . . . . . . . . . . . . . 388

727 - Continuity of Care . . . . . . . . . . . . . . . . . . . . 389

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Monterey County SO Custody Manual

Published with permission by Monterey County Sheriff's Office

Table of Contents - 6

728 - Continuous Quality Improvement . . . . . . . . . . . . . . . 391

729 - Informed Consent and Right to Refuse Medical Care . . . . . . . . . 393

730 - Management of Health Records . . . . . . . . . . . . . . . 396

731 - Inmate Health Care Communication . . . . . . . . . . . . . . 401

732 - Forensic Evidence . . . . . . . . . . . . . . . . . . . . 404

733 - Pharmacy Services . . . . . . . . . . . . . . . . . . . 405

734 - Oral Care . . . . . . . . . . . . . . . . . . . . . . 412

735 - Release Planning . . . . . . . . . . . . . . . . . . . . 414

736 - Privacy of Care . . . . . . . . . . . . . . . . . . . . . 416

Chapter 8 - Environmental Health . . . . . . . . . . . . . . . . . 417

800 - Sanitation Inspections . . . . . . . . . . . . . . . . . . . 418

801 - Hazardous Waste Disposal . . . . . . . . . . . . . . . . . 421

802 - Housekeeping and Maintenance . . . . . . . . . . . . . . . 423

803 - Physical Plant Compliance with Codes . . . . . . . . . . . . . 425

804 - Water Supply . . . . . . . . . . . . . . . . . . . . . 427

805 - Vermin and Pest Control . . . . . . . . . . . . . . . . . . 428

806 - Inmate Safety Program . . . . . . . . . . . . . . . . . . 430

807 - Inmate Hygiene . . . . . . . . . . . . . . . . . . . . 431

Chapter 9 - Food Services . . . . . . . . . . . . . . . . . . . 437

900 - Food Services . . . . . . . . . . . . . . . . . . . . . 438

901 - Food Services Training . . . . . . . . . . . . . . . . . . 443

902 - Dietary Guidelines . . . . . . . . . . . . . . . . . . . . 445

903 - Food Services Workers Health Safety and Supervision . . . . . . . . 447

904 - Food Preparation Areas . . . . . . . . . . . . . . . . . . 451

905 - Food Budgeting and Accounting . . . . . . . . . . . . . . . 454

906 - Inspection of Food Products . . . . . . . . . . . . . . . . 457

907 - Food Services Facilities Inspection . . . . . . . . . . . . . . 459

908 - Food Storage . . . . . . . . . . . . . . . . . . . . . 463

909 - Clinician-Prescribed Therapeutic Diets . . . . . . . . . . . . . 466

910 - Disciplinary Separation Diet . . . . . . . . . . . . . . . . . 469

Chapter 10 - Inmate Programs . . . . . . . . . . . . . . . . . . 471

1000 - Inmate Programs and Services . . . . . . . . . . . . . . . 472

1001 - Inmate Welfare Fund . . . . . . . . . . . . . . . . . . 474

1002 - Inmate Accounts . . . . . . . . . . . . . . . . . . . . 477

1003 - Counseling Services . . . . . . . . . . . . . . . . . . . 480

1004 - Inmate Exercise and Recreation . . . . . . . . . . . . . . . 481

1005 - Inmate Educational, Vocational and Rehabilitation Programs . . . . . . 483

1006 - Commissary Services . . . . . . . . . . . . . . . . . . 489

1007 - Library Services . . . . . . . . . . . . . . . . . . . . 491

1008 - Inmate Mail . . . . . . . . . . . . . . . . . . . . . 493

1009 - Inmate Telephone Access . . . . . . . . . . . . . . . . . 498

1010 - Inmate Visitation . . . . . . . . . . . . . . . . . . . . 500

1011 - Resources for Released Inmates . . . . . . . . . . . . . . . 504

1012 - Pretrial Release Program . . . . . . . . . . . . . . . . . 505

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Monterey County SO Custody Manual

Published with permission by Monterey County Sheriff's Office

Table of Contents - 7

1013 - Work Release Program . . . . . . . . . . . . . . . . . . 507

1014 - Inmate Work Program . . . . . . . . . . . . . . . . . . 510

1015 - Religious Programs . . . . . . . . . . . . . . . . . . . 513

Chapter 11 - Facility Design . . . . . . . . . . . . . . . . . . . 520

1100 - Facility Design and Space Requirements . . . . . . . . . . . . 521

1101 - Smoking/Tobacco Use . . . . . . . . . . . . . . . . . . 526

1102 - Control Center . . . . . . . . . . . . . . . . . . . . 527

1103 - Crowding . . . . . . . . . . . . . . . . . . . . . . 528

Attachments . . . . . . . . . . . . . . . . . . . . . . .

Monterey County Sheriff's Office

Monterey County SO Custody Manual

Published with permission by Monterey County Sheriff's Office

Role and Authority - 8

Chapter 1 - Role and Authority

Policy

100

Monterey County Sheriff's Office

Monterey County SO Custody Manual

Published with permission by Monterey County Sheriff's Office

Organizational Structure and Responsibility - 9

Organizational Structure and Responsibility

100.1 PURPOSE AND SCOPE

The organizational structure of the Office is designed to create an efficient means to accomplish its

mission and goals and to provide for the best possible service to the public (15 CCR 1029(a)(1)).

100.2 DIVISIONAL RESPONSIBILITY

The Sheriff is responsible for administering and managing the Office. There are three Bureaus

in the Office:

•

Administration Bureau

•

Jail Operations Bureau

•

Jail Services Bureau

100.2.1 JAIL OPERATIONS DIVISIONMAJOR

The Jail Operations Bureau is commanded by a Chief Deputy, whose primary responsibility is to

function as the Chief Deputy to provide general management direction and control for the jail. The

Jail Operations Bureau consists of Custody Operations, which includes Investigations, Medical/

Mental Health Services, Inmate Programs and Transportation.

100.2.2 JAIL SERVICES DIVISIONMAJOR

The Jail Services Bureau is commanded by a Chief Deputy, whose primary responsibility

is to provide general management direction and control for Food Services, Facility

Infrastructure and Maintenance, Laundry Services, Fleet Services and Procurement/Warehouse

Services and Ombudsman services.

100.3 CHAIN OF COMMAND

The chain of command of the Office begins with the Sheriff, to whom all employees of the Office

are responsible.

To maintain continuity, order and effectiveness in the Office, a chain of command has been

established and should be respected. All staff members should adhere to the chain of command

in all official actions. However, nothing shall prohibit a staff member from initiating immediate

action outside of the chain of command if it is necessitated by a complaint of discrimination, sexual

harassment, gross malfeasance or a violation of the law.

Policy

101

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Authority and Legal Assistance - 10

Authority and Legal Assistance

101.1 PURPOSE AND SCOPE

This policy acknowledges and reflects the legal authority under which the Monterey County

Sheriff's Office shall operate and maintain a local detention facility in this state. In addition to

the authority vested by state law, the jail operates in accordance with these laws, constitutional

mandates, regulations and local ordinances.

101.2 POLICY

It is the policy of this Office that the local detention facility will be maintained by all lawful means

for the incarceration of persons suspected of violating the law or who have been adjudicated as

guilty of committing a crime or civil offense by a competent legal authority, as prescribed by law.

101.3 LEGAL FOUNDATION

Jail staff, at every level must have an understanding and true appreciation of their authority

and limitations in the operation of a local detention facility. The Monterey County Sheriff's Office

recognizes and respects the value of all human life and the expectation of dignity without prejudice

toward anyone. It is also understood that vesting law enforcement personnel with the authority

to incarcerate suspected law violators to protect the public and prevent individuals from fleeing

justice requires a careful balancing of individual rights and legitimate government interests.

101.4 LEGAL ASSISTANCE

The following are examples of areas where the services of the County Counsel and legal

specialists can be of benefit to the Office:

(a) Analyze and alert the jail executive andjail management team to jail-related case law.

(b) Serve as a legal consultant in the construction and review of new jail policies and

procedures.

1. Use of force

2. Faith-based requests

3. Complaints and grievances

4. Allegations of abuse by staff

(d) Serve as legal counsel in legal matters brought against this office and the Sheriff.

101.4.1 LEGAL LIAISON

The Sheriff will designate one or more staff to act as a liaison between the Office and the County

Counsel's office. The legal liaison officer will provide an orientation of the facility and detention

facility policies to representatives of the County Counsel's office as needed.

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Authority and Legal Assistance

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Authority and Legal Assistance - 11

The liaison officer will arrange for regularly scheduled meetings in order to provide an ongoing

status report of facility issues to the legal counsel. The liaison officer will maintain an open

relationship with legal counsel in order to move quickly on emerging facility issues that could have

significant legal implications for the Office.

Policy

102

Monterey County Sheriff's Office

Monterey County SO Custody Manual

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Annual Review and Performance-Based Goals

and Objectives - 12

Annual Review and Performance-Based Goals

and Objectives

102.1 PURPOSE AND SCOPE

The Monterey County Sheriff's Office is dedicated to the concept of continuous improvement in

the services provided on behalf of the public and in accordance with applicable laws, regulations

and best practices in the operation of this facility. This policy establishes minimum review criteria

to measure and evaluate the success of achieving established goals and objectives.

102.2 POLICY

The Monterey County Sheriff's Office shall strive to continually improve the operation of its facilities

to ensure they are safe, humane, and protect inmates' constitutional and statutory rights. To this

end, the Office shall conduct an annual review to evaluate its progress in meeting stated goals

and objectives.

102.3 ANNUAL REVIEW

The Chief Deputy should ensure that the custody management team conducts an annual

management review of, at a minimum:

(a) Statutory, regulatory, and other requirements applicable to the operation of the facility.

(b) Lawsuits and/or court orders/consent decrees.

facility.

(d) Fiscal operations and accounting procedures.

(e) Personnel issues/actions that include but are not limited to on-the-job injuries,

internal affairs investigations, employee grievances, employee discipline, selection,

and recruitment.

(f) Compliance with internal/external inspections of the facility.

(g) Condition of the physical plant, infrastructure, and maintenance efforts.

(h) Cleanliness of the facility.

(i) Inmate profiles and trends that measure:

1. Inmate population (Average Daily Population).

2. Inmate population by gender.

3. Highest one-day count.

4. Bookings/releases.

5. Percentage of male inmates.

6. Percentage of female inmates

Monterey County Sheriff's Office

Monterey County SO Custody Manual

Annual Review and Performance-Based Goals and Objectives

Published with permission by Monterey County Sheriff's Office

Annual Review and Performance-Based Goals

and Objectives - 13

7. Felony inmates in custody.

8. Misdemeanor inmates in custody.

9. Pretrial population.

10. Sentenced population.

11. Medical beds.

12. Mental health beds.

13. Meal counts (regular, medical, court meals).

14. Early releases.

15. Alternative-to-incarceration participants.

16. Special needs inmates.

17. Classification issues.

18. Inmate grievances (founded/denied).

19. Demographics (age, race, gang affiliation).

20. Court movement.

(j) Security issues that include:

1. Inmate-on-inmate assaults.

2. Inmate-on-staff assaults.

3. Major disturbances.

4. Deaths in custody (natural/suicide/homicide/accidents).

5. Suicide attempts (15 CCR 1030).

(k) Inmate programs including:

1. Education.

2. Commissary.

3. Drug and alcohol programs.

4. Faith-based services.

102.4 CRITERIA TO MEASURE PERFORMANCE

The following items will be used to measure and evaluate the level of success in achieving the

office’s stated goals:

(a) Fiscal year budget surpluses or successful operations even with budget reduction

(b) Findings from independent financial audits

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Annual Review and Performance-Based Goals and Objectives

Published with permission by Monterey County Sheriff's Office

Annual Review and Performance-Based Goals

and Objectives - 14

(d) Documentation that office investigators have completed the required specialized

training in conducting sexual abuse investigations (28 CFR 115.34)

(e) Documented training hours received by staff

(f) Completed audits of the policy and procedures manuals

102.5 MANAGEMENT REVIEW PROCESS

The management team may employ several methods to assess performance, including the

following:

(a) Performance analysis - Performance analysis attempts to discover discrepancies

between the expected and actual levels of performance. This analysis should focus on

whether the practices in this facility are meeting the mission of the Office and whether

office policies and procedures are in alignment with statutes, regulations and court

orders.

(b) One-to-one interviews - Scheduled interviews with custody staff held in private to

encourage candid responses to help identify issues or conditions that should be

targeted for review or correction.

suggestions and information about what operations are in need of adjustment or where

program resources should be directed.

(d) Staff debriefing - Staff should be periodically debriefed, especially after an

emergency operation or incident, to identify aspects of facility operations that may

need to be addressed by the Chief Deputy and supervisors.

(e) Inspection findings - The Office is subject to a variety of administrative inspections

(standard-setting authorities, command staff, grand jury, jail advocates). These annual

inspections should be used to identify ongoing issues in the operation of this facility.

102.6 MANAGEMENT REVIEW RESULTS

To the extent practicable the individuals responsible for the development of a management review

should follow the guidelines established in the Administrative Communications Policy and Annual

Facility Inspection Policy to document and support the findings. A complete report of the review

results should be submitted to the appropriate level in the chain of command for final approval.

The results of management reviews should be used in the ongoing process of continuous

improvement. They should be used to direct changes in the operation of this facility or to identify

successful operations that might be replicated in other areas of the facility. They should not,

however, include specific identifying information of incidents or involved individuals.

The results of management reviews also may be used in full or in part to respond to inquiries

from interested groups, such as the local legislative body, courts, grand jury or others, to provide

information on issues concerning the operation of this facility, including action planning whenever

appropriate.

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Custody Manual

103.1 RESPONSIBILITIES

The Sheriff shall be considered the ultimate authority for the provisions of this manual and shall

continue to issue General Orders, which shall modify the provisions to which they pertain. General

Orders shall remain in effect until such time as they may be permanently incorporated into the

manual.

The Chief Deputy shall ensure that the Custody Manual is comprehensively reviewed at least

every two years, updated as needed, and the staff trained accordingly to ensure that the policies

in the manual are current and reflect the mission of the Monterey County Sheriff's Office (15

CCR 1029). The review shall be documented in written form sufficient to indicate that policies and

procedures have been reviewed and amended as appropriate to facility changes.

103.1.1 COMMAND STAFF

The command staff should consist of the following:

•

Sheriff

•

Undersheriff

•

Chief Deputy

•

Captain

103.1.2 OTHER PERSONNEL

Line and supervisory staff have a unique view of how policies and procedures influence the

operation of the facility and therefore are expected to bring to the attention of their supervisors

issues that might be addressed in a new or revised policy.

All members suggesting revision of the contents of the Custody Manual should forward their

suggestions in writing, through the chain of command, to the Chief Deputy, who will consider the

recommendation.

103.1.3 INTERNAL AND EXTERNAL SECURITY MEASURE REVIEW

The Chief Deputy shall ensure that Custody Manual review, evaluation, and procedures include

internal and external security measures of the facility, including security measures specific to

prevention of sexual abuse and sexual harassment (15 CCR 1029).

103.2 MANUAL ACCEPTANCE

As a condition of employment, all members are required to read and obtain necessary clarification

of this office’s policies. All members are required to sign a statement of receipt acknowledging

that they have received a copy or have been provided access to the Custody Manual.

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103.3 PURPOSE AND SCOPE

The Custody Manual is a statement of the current policies, rules, and guidelines of this office's

jail. All prior and existing manuals, orders, and regulations that are in conflict with this manual

are revoked, except to the extent that portions of existing manuals, orders, and other regulations

that have not been included herein shall remain in effect where they do not conflict with the

provisions of this manual.

Except where otherwise expressly stated, the provisions of this manual shall be considered

guidelines. It is recognized, however, that work in the custody environment is not always

predictable, and circumstances may arise that warrant departure from these guidelines. It is the

intent of this manual to be viewed from an objective standard, taking into consideration the sound

discretion entrusted to members of this office under the circumstances reasonably known to them

at the time of any incident.

103.4 POLICY

The manual of the Monterey County Sheriff's Office Jail is hereby established and shall be referred

to as the Custody Manual (15 CCR 1029). All members are to conform to the provisions of this

manual.

103.4.1 DISCLAIMER

The provisions contained in the Custody Manual are not intended to create an employment

contract nor any employment rights or entitlements. The policies contained within this manual are

for the internal use of the Monterey County Sheriff's Office and shall not be construed to create

a higher standard or duty of care for civil or criminal liability against the county, its officials or

members. Violations of any provision of any policy contained within this manual shall only form the

basis for office administrative action, training or discipline. The Monterey County Sheriff's Office

reserves the right to revise any policy content, in whole or in part.

103.5 DEFINITIONS

The following words and terms shall have these assigned meanings, unless it is apparent from

the content that they have a different meaning:

Office - The Monterey County Sheriff's Office.

Custody Manual - The Office Custody Manual.

Employee - Any person employed by the Office.

Inmate - Incarcerated person.

May - Indicates a permissive, discretionary, or conditional action.

Member - Any person employed or appointed by the Monterey County Sheriff's Office, including:

•

Full- and part-time employees.

•

Sworn deputies.

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•

Reserve deputies.

•

Non-sworn employees.

•

Volunteers.

Deputy - All persons, regardless of rank, who are employees and who are selected and trained

in accordance with state law as deputies of the Monterey County Sheriff's Office.

On-duty employee - Status during the period when the employee is actually engaged in the

performance of assigned duties.

Order - A written or verbal instruction issued by a superior.

Rank - The job classification title held by a deputy.

Shall or will - Indicates a mandatory action.

Should - Indicates a generally required or expected action absent a rational basis for failing to

conform.

103.6 DISTRIBUTION OF MANUAL

Copies of the Custody Manual shall be made available to all members. An electronic version of

the Custody Manual will be made available to all members on the office network (15 CCR 1029).

No changes shall be made to the electronic version without authorization from the Chief Deputy.

103.7 REVISIONS TO POLICIES

All members are responsible for keeping abreast of all Custody Manual revisions. All changes

to the Custody Manual will be posted on the office network for review prior to implementation.

The Training Sergeant will forward revisions to the Custody Manual as needed to all

personnel via electronic mail. Each member shall acknowledge receipt by return email or online

acknowledgement, review the revisions, and seek clarification as needed.

Each supervisor will ensure that members under his/her command are familiar with and

understand all revisions.

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Administrative Communications

104.1 PURPOSE AND SCOPE

Effective communications within the Office are critical to the accomplishment of the mission of

the Office and the effective operation of the jail. Administrative communications of this office are

governed by the following policy (15 CCR 1029(a)(1)).

104.2 PERSONNEL ORDERS

Personnel orders may be issued periodically by the Sheriff to announce and document all

promotions, transfers, hiring of new personnel, separations, personnel and group commendations

or other changes in status.

104.3 CORRESPONDENCE

All office correspondence is to be written in a clear, concise manner, consistent with the report

formats and guidelines prescribed in this policy and reflecting the highest possible quality in

organization, grammar, punctuation and spelling.

All external correspondence shall be on Office letterhead. All office letterhead, including all digital

facsimiles of the letterhead, shall bear the signature element of the Sheriff or the authorized

designee. Personnel should use office letterhead only for official business and with the approval

of their supervisors.

104.4 SURVEYS

All surveys made in the name of the Office shall be authorized in advance by the Sheriff or the

Chief Deputy.

104.5 COMPLETED STAFF WORK

All staff reports (i.e., reports assigned to a specific person for the purpose of responding to

a problem or issue) shall incorporate the principle of completed staff work which requires the

person to whom a task has been delegated to complete and document the delegated work to

such an extent that the only thing left for the decision-maker to do is to approve or decline the

recommendation. Staff reports that only point out weaknesses or merely suggest needed actions

are not completed staff work and are not acceptable.

The writer of the staff report should document the efforts made to have the report reviewed by

or acted upon by those individuals representing work units or other entities likely to be affected

by any proposed changes.

104.6 INTRODUCTORY SUMMARY MEMORANDUMS

Any memorandum that exceeds one page in length should contain a brief introductory summary

section synopsizing the subject matter.

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104.7 ADMINISTRATIVE REPORT FORMAT

All staff reports submitted via the chain of command to superior officers for further action should

be written in accordance with the following format, when applicable.

Executive Summary Section - The staff report should begin with a brief statement of the problem

or issue and what could be done about it. This summary should restate the main points of the

report in general, nontechnical language, leaving out details. The length of the executive summary

section should range from one paragraph to one page.

Problem/Issue Identification Section - This section of a staff report is critical to the success of

the reader's ability to grasp the issues involved and to arrive at an informed decision. It should

strive to identify the true nature and scope of the problem by identifying the known facts and

background of the situation, including who has the problem, how long it has existed and the known

or likely consequences of the problem.

Forecast Future Impacts - This section of the report should clearly define the problem and

be accompanied by an analysis of relevant factors, supported by specific examples, details or

testimony, clarifying what the problem is and why it exists. Generally, the reader should be able to

leave this section of the report clearly understanding the issues involved and the consequences

of taking no action.

Alternatives Analysis Section - Whenever the seriousness or complexity of a problem warrants

the development of alternative solutions, a staff report should include a section containing

a discussion of different courses of action and their consequences, taking into account the

comments and positions of other staff members or entities affected by the response to the problem.

104.8 POLICY

The Monterey County Sheriff's Office will appropriately communicate significant events within the

organization to its members. Both electronic and non-electronic administrative communications

will be professional in appearance and comply with the established letterhead, signature and

disclaimer guidelines, as applicable.

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General Orders

105.1 PURPOSE AND SCOPE

The purpose of this policy is to establish guidelines for issuing General Orders.

105.2 GENERAL ORDERS PROTOCOL

General Orders will be incorporated into the manual as required upon approval of the Sheriff.

General Orders will modify existing policies or create a new policy as appropriate. The previous

policy will be rescinded upon incorporation of the new or updated policy into the manual.

Any General Order issued after publication of the manual should be numbered consecutively,

starting with the last two digits of the year, followed by the number “01” as in yy-01.

105.3 RESPONSIBILITIES

105.3.1 AGENCYHEAD

The Sheriff, with the assistance of office staff, shall issue and be responsible for all General Orders,

including their publication and dissemination throughout the Office.

105.3.2 MANAGERS AND SUPERVISORS

Managers and supervisors are responsible for ensuring that staff under their command receive

training on all new General Orders.

Training documentation shall be placed into the supervisor’s file or the employee’s training file.

105.4 POLICY

General Orders establish a communication practice that may be used by the Sheriff to make

immediate changes to policy and procedure in accordance with and as permitted by statutes,

regulations, or negotiated contracts. General Orders will immediately modify or change and

supersede the sections of this manual to which they pertain.

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Annual Facility Inspection

106.1 PURPOSE AND SCOPE

Annual facility inspections are the collections of data designed to assist administrators, managers,

and supervisors in the management of the custody facility by means of establishing a systematic

inspection and review of its operation. This policy provides guidelines for conducting the annual

facility inspection.

106.2 CHIEF DEPUTY RESPONSIBILITIES

The Chief Deputy is responsible for collecting performance indicators and other relevant data to

generate and provide an annual inspection of all custody facilities. The Chief Deputy will ensure

that inspections are conducted as outlined below for each facility type on an annual basis.

Annual inspections may be used in preparation of inspections by outside entities, such as

inspections by a government inspection authority, professional organization, or accreditation body.

In this case, the local inspection will serve as a pre-inspection review that will prepare the facility

for the outside or third-party evaluator.

106.3 INSPECTION AREAS

The annual inspection should include the following areas in the assessment process:

(a) Pre-assessment briefing - The pre-assessment briefing should begin with a meeting

of the Chief Deputy, key program staff and service providers. The individual conducting

the assessment will need to advise key personnel of the areas they will be inspecting

so the appropriate materials will be brought up to date and made available to the

assessment team.

(b) Policy review - A review of all jail policies and procedures should be conducted to

ensure that those policies are up to date and accurately reflect the requirements and

activities related to the jail operation.

and the facility's financial records should be conducted to ensure that contractual

benchmarks are being met and that any discrepancies are documented and reported

as part of the assessment report in an effort to mitigate harm from improper access

to or release of records.

(d) Benchmark review - A review of the office-stated goals and objectives should be

discussed with the Chief Deputy, program managers, and other key providers of

programs. This will provide the opportunity to identify any areas that require correction

or additional resources or that reflect a successful performance that should be

acknowledged and possibly replicated.

(e) On-site inspections - The assessment team should conduct on-site inspections of the

facility to verify that activities in the facility are in alignment with goals and objectives

and compliant with policies and procedures. Any discrepancies, as well as exceptional

efforts on the part of management and staff, should be reported as a part of the jail

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assessment. An inspection checklist should be used to guide the inspection process

and to ensure consistency. It is important that the jail assessments be viewed as a

credible measurement instrument as many issues identified in the assessment may

require significant funding.

(f) Develop an action plan - After the fact-finding described in the previous sections has

been accomplished, notes, records, and recommendations should be analyzed and

an action plan developed to initiate any needed correction. Documenting successful

practices is important to determine if they can be replicated in other areas.

(g) Reporting - The results of the inspection should be compiled into a report and

should include recommendations and action plans necessary to ensure continuous

improvement in the operation and management of the jail system. The completed

report and any analysis and documentation required to justify costs, policy revisions,

or any other administrative requirements should be submitted to the Sheriff.

(h) Monitor progress - The Chief Deputy should ensure that approved recommendations

are being instituted by the responsible program providers.

106.4 FOCAL POINTS FOR INSPECTIONS

Inspections of facilities used for detaining persons pending arraignment, held during trial, and

held upon a lawful court commitment should include inspection of the policies, procedures, and

performance by management and staff to ensure compliance and timely updates. Inspections

should include but not be limited to the following inspection points:

•

Staff training

•

Number of personnel

•

Policy and procedures manual

•

Fire suppression pre-planning

•

Incident reports

•

In-custody deaths

•

Documented suicide attempts

•

Classification plan

•

Reception and booking

•

Communicable disease prevention plan

•

Inmates with mental disorders

•

Administrative segregation

•

Developmentally disabled inmates

•

Use of force and restraint devices

•

Contraband control

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•

Perimeter security

•

Searches

•

Access to telephones

•

Access to courts and counsel

•

Inmate visiting

•

Inmate mail

•

Religious access

•

Health care services

•

Intake medical screening

•

Pest control

•

Detoxification treatment

•

Suicide prevention program

•

First-aid kit

•

Meals, frequency of serving

•

Minimum diet

•

Food services plan

•

Food serving and supervision

•

Facility sanitation, safety, maintenance

•

Tools, key, and lock control

•

Use of safety and sobering cells

•

Plan for inmate discipline including rules and disciplinary penalties, forms of discipline,

limitations on discipline, and disciplinary records

•

Standard bedding and linen use

•

Mattresses

106.5 POLICY

This office will use a formal annual inspection process of its facility to ensure that practices and

operations are in compliance with statutes, regulations, policies and procedures and best practice

standards (15 CCR 1029(a)(2)). Inspections will be used to help identify the need for new or

revised policies and procedures, administrative needs, funding requirements, evaluation of service

providers and changes in laws and regulations.

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Special Assignments and Promotions

107.1 PURPOSE AND SCOPE

The purpose of this policy is to establish guidelines for promotions and for making special

assignments within the Monterey County Sheriff's Office.

107.2 SPECIAL ASSIGNMENT POSITIONS

The following positions are considered special assignments and not promotions

(a) 1. Hostage Negotiator

2. Canine handler

3. Classification deputy

4. Training Officer

5. Court/Transportation

6. Public Safety Dive Team

7. Bomb Squad

8. Search and Rescue

107.2.1 EVALUATION CRITERIA

The following criteria will be used in evaluating candidates for a special assignment:

(a) Presents a professional, neat appearance.

(b) Maintains a physical condition that aids in his/her performance.

(d) Demonstrates the following traits:

1. Emotional stability and maturity.

2. Stress tolerance.

3. Sound ethical judgment and decision-making.

4. Personal integrity and ethical conduct.

5. Leadership skills.

6. Initiative.

7. Adaptability and flexibility.

8. Ability to conform to office goals and objectives in a positive manner.

107.2.2 GENERAL REQUIREMENTS

The following requirements should be considered when selecting a candidate for a special

assignment:

(a) Three years of relevant experience

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(b) Off probation

Commission on Peace Officer Standards and Training (POST) or law

(d) Exceptional skills, experience, or abilities related to the special assignment

107.2.3 SELECTION PROCESS

The selection process for special assignments will include an administrative evaluation as

determined by the Sheriff to include:

(a) Supervisor recommendations - Each supervisor who has supervised or otherwise

been involved with the candidate will submit a recommendation.

1. The supervisor recommendations will be submitted to the Chief Deputy for whom

the candidate will work.

(b) Chief Deputy interview - The Chief Deputy will schedule interviews with each

candidate.

1. Based on supervisor recommendations and those of the Chief Deputy after the

interview, the Chief Deputy will submit his/her recommendations to the Sheriff.

The selection process for all special assignment positions may be waived for temporary

assignments, emergency situations, training, and at the discretion of the Sheriff.

107.2.4 DISQUALIFICATION

The Monterey County Sheriff's Office shall not promote, assign, or transfer any member to a

position that may allow contact with inmates if the member has (28 CFR 115.17):

(a) Engaged in sexual abuse in a prison, jail, lockup, community confinement facility,

juvenile facility, or other institution as defined in 42 USC § 1997.

(b) Been convicted of engaging in or attempting to engage in sexual activity facilitated

by force, by overt or implied threats of force, or by coercion, or if the victim did not

consent or was unable to consent or refuse.

in paragraph (b) of this section.

107.3 PROMOTIONAL REQUIREMENTS

Requirements and information regarding any promotional process are available at the

Monterey Department of Human Resources.

107.4 POLICY

The Monterey County Sheriff's Office determines assignments and promotions in a

nondiscriminatory manner based upon job-related factors and candidate skills and qualifications.

Assignments and promotions are made by the Sheriff.

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Standards of Conduct

108.1 PURPOSE AND SCOPE

This policy provides employees with guidelines for conduct in order that they may participate in

meeting the goals of this office in serving the community. This policy shall apply to all sworn,

general service staff, volunteer and contractor members of this office (including part-time and

reserve employees). This policy is intended for internal use only and shall not be construed to

increase or establish an employee’s civil or criminal liability. Nor shall it be construed to create

or establish a higher standard of safety or care. A violation of any portion of this policy may only

serve as the basis for internal disciplinary and/or administrative action.

See section 320 SO Policy Manual

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Discriminatory Harassment

109.1 PURPOSE AND SCOPE

The purpose of this policy is to prevent office members from being subjected to discriminatory

harassment, including sexual harassment and retaliation (Government Code § 12940(k); 2 CCR

11023). Nothing in this policy is intended to create a legal or employment right or duty that is not

created by law.

109.2 POLICY

The Monterey County Sheriff's Office is an equal opportunity employer and is committed to

creating and maintaining a work environment that is free of all forms of discriminatory harassment,

including sexual harassment and retaliation. The Office will not tolerate discrimination against a

member in hiring, promotion, discharge, compensation, fringe benefits, and other privileges of

employment. The Office will take preventive and corrective action to address any behavior that

violates this policy or the rights and privileges it is designed to protect.

The nondiscrimination policies of the Office may be more comprehensive than state or federal

law. Conduct that violates this policy may not violate state or federal law but still could subject a

member to discipline.

109.3 DEFINITIONS

Definitions related to this policy include:

109.3.1 DISCRIMINATION

The Office prohibits all forms of discrimination, including any employment-related action by a

member that adversely affects an applicant or member and is based on actual or perceived

race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression,

age, disability, pregnancy, genetic information, veteran status, marital status, and any other

classification or status protected by law.

Discriminatory harassment, including sexual harassment, is verbal or physical conduct that

demeans or shows hostility or aversion toward an individual based upon that individual’s protected

class. It has the effect of interfering with an individual’s work performance or creating a hostile or

abusive work environment.

Conduct that may, under certain circumstances, constitute discriminatory harassment can include

making derogatory comments; making crude and offensive statements or remarks; making slurs

or off-color jokes; stereotyping; engaging in threatening acts; making indecent gestures, pictures,

cartoons, posters, or material; making inappropriate physical contact; or using written material or

office equipment and/or systems to transmit or receive offensive material, statements, or pictures.

Such conduct is contrary to office policy and to a work environment that is free of discrimination.

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109.3.2 RETALIATION

Retaliation is treating a person differently or engaging in acts of reprisal or intimidation against

the person because the person has engaged in protected activity, filed a charge of discrimination,

participated in an investigation, or opposed a discriminatory practice. Retaliation will not be

tolerated.

109.3.3 SEXUAL HARASSMENT

The Office prohibits all forms of discrimination and discriminatory harassment, including sexual

harassment. It is unlawful to harass an applicant or a member because of that person’s sex.

Sexual harassment includes but is not limited to unwelcome sexual advances, requests for sexual

favors, or other verbal, visual, or physical conduct of a sexual nature when:

(a) Submission to such conduct is made either explicitly or implicitly as a term or condition

of employment, position, or compensation.

(b) Submission to, or rejection of, such conduct is used as the basis for any employment

decisions affecting the member.

work performance or creating an intimidating, hostile, or offensive work environment.

109.3.4 ADDITIONAL CONSIDERATIONS

Discrimination and discriminatory harassment do not include actions that are in accordance with

established rules, principles, or standards, including:

(a) Acts or omission of acts based solely upon bona fide occupational qualifications under

the Equal Employment Opportunity Commission and California Civil Rights Council

guidelines.

(b) Bona fide requests or demands by a supervisor that a member improve the member's

work quality or output, that the member report to the job site on time, that the member

comply with county or office rules or regulations, or any other appropriate work-related

communication between supervisor and member.

109.4 RESPONSIBILITIES

This policy applies to all office members, who shall follow the intent of these guidelines in a manner

that reflects office policy, professional standards, and the best interest of the Office and its mission.

Members are encouraged to promptly report any discriminatory, retaliatory, or harassing conduct

or known violations of this policy to a supervisor. Any member who is not comfortable with reporting

violations of this policy to the member's immediate supervisor may bypass the chain of command

and make the report to a higher-ranking supervisor or manager. Complaints may also be filed with

the Sheriff, the Director of Human Services, or the County Administrator.

Any member who believes, in good faith, that the member has been discriminated against,

harassed, or subjected to retaliation, or who has observed harassment, discrimination, or

retaliation, is encouraged to promptly report such conduct in accordance with the procedures set

forth in this policy.

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Supervisors and managers receiving information regarding alleged violations of this policy shall

determine if there is any basis for the allegation and shall proceed with a resolution as stated

below.

109.4.1 QUESTIONS OR CLARIFICATION

Members with questions regarding what constitutes discrimination, sexual harassment, or

retaliation are encouraged to contact a supervisor, a manager, the Sheriff, the Director of

Human Services, the County Administrator, or the California Civil Rights Department for further

information, direction, or clarification (Government Code § 12950).

109.4.2 SUPERVISOR RESPONSIBILITIES

The responsibilities of supervisors and managers shall include but are not limited to:

(a) Continually monitoring the work environment and striving to ensure that it is free from

all types of unlawful discrimination, including harassment or retaliation.

(b) Taking prompt, appropriate action within their work units to avoid and minimize the

incidence of any form of discrimination, harassment, or retaliation.

(d) Ensuring that members who make complaints or who oppose any unlawful

employment practices are protected from retaliation and that such matters are kept

confidential to the extent possible.

(e) Making a timely determination regarding the substance of any allegation based upon

all available facts.

(f) Notifying the Sheriff or the Director of Human Services in writing of the circumstances

surrounding any reported allegations or observed acts of discrimination, harassment,

or retaliation no later than the next business day.

109.4.3 SUPERVISOR’S ROLE

Supervisors and managers shall be aware of the following:

(a) Behavior of supervisors and managers should represent the values of the Office and

professional standards.

(b) False or mistaken accusations of discrimination, harassment, or retaliation can have

negative effects on the careers of innocent members.

Nothing in this section shall be construed to prevent supervisors or managers from discharging

supervisory or management responsibilities, such as determining duty assignments, evaluating

or counseling members, or issuing discipline, in a manner that is consistent with established

procedures.

109.5 INVESTIGATION OF COMPLAINTS

Various methods of resolution exist. During the pendency of any such investigation, the supervisor

of the involved member should take prompt and reasonable steps to mitigate or eliminate any

continuing abusive or hostile work environment. It is the policy of the Office that all complaints of

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discrimination, retaliation, or harassment shall be fully documented and promptly and thoroughly

investigated.

109.5.1 SUPERVISOR RESOLUTION

Members who believe they are experiencing discrimination, harassment, or retaliation should be

encouraged to inform the individual that the behavior is unwelcome, offensive, unprofessional,

or inappropriate. However, if the member feels uncomfortable or threatened or has difficulty

expressing the member's concern, or if this does not resolve the concern, assistance should be

sought from a supervisor or manager who is a rank higher than the alleged transgressor.

109.5.2 FORMAL INVESTIGATION

If the complaint cannot be satisfactorily resolved through the supervisory resolution process, a

formal investigation will be conducted.

The person assigned to investigate the complaint will have full authority to investigate all aspects

of the complaint. Investigative authority includes access to records and the cooperation of any

members involved. No influence will be used to suppress any complaint and no member will be

subject to retaliation or reprisal for filing a complaint, encouraging others to file a complaint, or for

offering testimony or evidence in an investigation.

Formal investigation of the complaint will be confidential to the extent possible and will include but

is not limited to details of the specific incident, frequency and dates of occurrences, and names

of any witnesses. Witnesses will be advised regarding the prohibition against retaliation, and that

a disciplinary process, up to and including termination, may result if retaliation occurs.

Members who believe they have been discriminated against, harassed, or retaliated against

because of their protected status are encouraged to follow the chain of command but may also file

a complaint directly with the Sheriff, the Director of Human Services, or the County Administrator.

109.5.3 ALTERNATIVE COMPLAINT PROCESS

No provision of this policy shall be construed to prevent any member from seeking legal redress

outside the Office. Members who believe that they have been harassed, discriminated against, or

retaliated against are entitled to bring complaints of employment discrimination to federal, state,

and/or local agencies responsible for investigating such allegations. Specific time limitations apply

to the filing of such charges. Members are advised that proceeding with complaints under the

provisions of this policy does not in any way affect those filing requirements.

109.6 DOCUMENTATION OF COMPLAINTS

All complaints or allegations shall be thoroughly documented on the appropriate forms and in a

manner designated by the Sheriff. The outcome of all reports shall be:

(a) Approved by the Sheriff, the County Administrator, or the Director of Human Services,

depending on the ranks of the involved parties.

(b) Maintained in accordance with the established records retention schedule.

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109.6.1 NOTIFICATION OF DISPOSITION

The complainant and/or victim will be notified in writing of the disposition of the investigation and

the actions taken to remedy or address the circumstances giving rise to the complaint.

109.7 TRAINING

All new members shall be provided with a copy of this policy as part of their orientation. The policy

shall be reviewed with each new member. The member shall certify by signing the prescribed form

that the member has been advised of this policy, is aware of and understands its contents, and

agrees to abide by its provisions during the member's term with the Office.

All members shall receive annual training on the requirements of this policy and shall certify by

signing the prescribed form that they have reviewed the policy, understand its contents, and agree

that they will continue to abide by its provisions.

109.7.1 STATE-REQUIRED TRAINING

The Training Sergeant should ensure that employees receive the required state training and

education regarding sexual harassment, prevention of abusive conduct, and harassment based

on gender identity, gender expression, and sexual orientation as follows (Government Code §

12950.1; 2 CCR 11024):

(a) Supervisory employees shall receive two hours of classroom or other effective

interactive training and education within six months of assuming a supervisory

position.

(b) All other employees shall receive one hour of classroom or other effective interactive

training and education within six months of their employment or sooner for seasonal

or temporary employees as described in Government Code § 12950.1.

If the required training is to be provided by the Civil Rights Department online training courses,

the Training Sergeant should ensure that employees are provided the following website address

to the training course: https://calcivilrights.ca.gov/ (Government Code § 12950; 2 CCR 11023).

109.7.2 TRAINING RECORDS

The Training Sergeant shall be responsible for maintaining records of all discriminatory

harassment training provided to members. Records shall be retained in accordance with

established records retention schedules and for a minimum of two years (2 CCR 11024).

109.8 REQUIRED POSTERS

The Office shall display the required posters regarding discrimination, harassment, and

transgender rights in a prominent and accessible location for members (Government Code §

12950).

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109.9 WORKING CONDITIONS

The Administration Chief Deputy or the authorized designee should be responsible for reviewing

facility design and working conditions for discriminatory practices. This person should collaborate

with other county_employees who are similarly tasked (2 CCR 11034).

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Post Orders

111.1 PURPOSE AND SCOPE

The purpose of this policy is to establish guidelines for the development of post orders and the

training of members assigned to each post.

111.2 POLICY

It is the policy of this office to develop comprehensive post orders for every position. Copies of the

orders should be maintained at each post or available electronically. Members shall be familiar

with the post orders before working a position.

111.3 DEVELOPMENT

Clear procedures should be incorporated into post orders for all regular daily activities including,

but not limited to, safety checks, head counts, meals, sick call, recreation, clothing exchange, mail

distribution and response to emergencies, such as fires, natural disasters and criminal acts.

111.4 REVIEW AND UPDATE

Post orders shall be reviewed at least annually and updated whenever necessary by the Chief

Deputy or the authorized designee.

111.5 TRAINING

The Training Sergeant shall ensure that all staff members assigned to posts are properly trained to

perform all of the duties and responsibilities described in the post orders. This is particularly true in

fire, life-safety and the emergency response procedures that have been implemented by the Chief

Deputy. This may include the use of self-contained breathing apparatus (SCBA) if such equipment

is available and/or required by the local fire authority. All training should be documented in each

member’s training file and retained in accordance with established records retention schedules.

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Anti-Retaliation

112.1 PURPOSE AND SCOPE

This policy prohibits retaliation against members who identify workplace issues, such as fraud,

waste, abuse of authority, gross mismanagement, or any inappropriate conduct or practices,

including violations that may pose a threat to the health, safety, or well-being of members.

This policy does not prohibit actions taken for nondiscriminatory or non-retaliatory reasons, such

as discipline for cause.

These guidelines are intended to supplement and not limit members’ access to other applicable

remedies. Nothing in this policy shall diminish the rights or remedies of a member pursuant to

any applicable federal law, provision of the U.S. Constitution, state and local law, ordinance, or

memorandum of understanding.

112.2 POLICY

The Monterey County Sheriff's Office has a zero tolerance for retaliation and is committed to taking

reasonable steps to protect from retaliation members who, in good faith, engage in permitted

behavior or who report or participate in the reporting or investigation of workplace issues. All

complaints of retaliation will be taken seriously and will be promptly and appropriately investigated.

112.3 RETALIATION PROHIBITED

No member may retaliate against any person for engaging in lawful or otherwise permitted

behavior; for opposing a practice believed to be unlawful, unethical, discriminatory, or retaliatory;

for reporting or making a complaint under this policy; or for participating in any investigation related

to a complaint under this or any other policy.

Retaliation includes any adverse action or conduct, including but not limited to:

• Refusing to hire or denying a promotion.

• Extending the probationary period.

• Unjustified reassignment of duties or change of work schedule.

• Real or implied threats or other forms of intimidation to dissuade the reporting of

wrongdoing or filing of a complaint, or as a consequence of having reported or

participated in protected activity.

• Taking unwarranted disciplinary action.

• Spreading rumors about the person filing the complaint or about the alleged

wrongdoing.

• Shunning or unreasonably avoiding a person because the person has engaged in

protected activity.

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112.3.1 RETALIATION PROHIBITED FOR REPORTING VIOLATIONS

A deputy shall not be retaliated against for reporting a suspected violation of a law or regulation by

another deputy to a supervisor or other person in the Office who has the authority to investigate

the violation (Government Code § 7286 (b)).

112.4 COMPLAINTS OF RETALIATION

Any members who feel they have been retaliated against in violation of this policy should promptly

report the matter to any supervisor, any command staff member, the Sheriff, or the county Director

of Human Services.

Members shall act in good faith, not engage in unwarranted reporting of trivial or minor deviations

or transgressions, and make reasonable efforts to verify facts before making any complaint in order

to avoid baseless allegations. Members shall not report or state an intention to report information

or an allegation knowing it to be false or with willful or reckless disregard for the truth or falsity of

the information, or otherwise act in bad faith.

Investigations are generally more effective when the identity of the reporting member is known,

thereby allowing investigators to obtain additional information from the reporting member.

However, complaints may be made anonymously. All reasonable efforts shall be made to protect

the reporting member’s identity. However, confidential information may be disclosed to the extent

required by law or to the degree necessary to conduct an adequate investigation and make a

determination regarding a complaint. In some situations, the investigative process may not be

complete unless the source of the information and a statement by the member are part of the

investigative process.

112.5 SUPERVISOR RESPONSIBILITIES

Supervisors are expected to remain familiar with this policy and ensure that members under their

command are aware of its provisions.

The responsibilities of supervisors include but are not limited to:

(a) Ensuring complaints of retaliation are investigated as provided in the Personnel

Complaints Policy.

(b) Receiving all complaints in a fair and impartial manner.

(d) Acknowledging receipt of the complaint, notifying the Sheriff via the chain of command,

and explaining to the member how the complaint will be handled.

(e) Taking appropriate and reasonable steps to mitigate any further violations of this

policy.

(f) Monitoring the work environment to ensure that any member making a complaint is

not subjected to further retaliation.

(g) Periodic follow-up with the complainant to ensure that retaliation is not continuing.

(h) Not interfering with or denying the right of a member to make any complaint.

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(i) Taking reasonable steps to accommodate requests for assignment or schedule

changes made by a member who may be the target of retaliation if it would likely

mitigate the potential for further violations of this policy.

112.6 COMMAND STAFF RESPONSIBILITIES

The Sheriff should communicate to all supervisors the prohibition against retaliation.

Command staff shall treat all complaints as serious matters and shall ensure that prompt actions

take place, including but not limited to:

(a) Communicating to all members the prohibition against retaliation.

(b) The timely review of complaint investigations.

eliminate or minimize the likelihood of recurrence.

(d) The timely communication of the outcome to the complainant.

112.7 WHISTLE-BLOWING

California law protects members who (Labor Code § 1102.5; Government Code § 53296 et seq.):

(a) Report a violation of a state or federal statute or regulation to a government or law

enforcement agency, including the member’s supervisor or any other member with the

authority to investigate the reported violation.

(b) Provide information or testify before a public body if the member has reasonable cause

to believe a violation of law occurred.

statute or regulation.

(d) File a complaint with a local agency about gross mismanagement or a significant waste

of funds, abuse of authority, or a substantial and specific danger to public health or

safety. Members shall exhaust all available administrative remedies prior to filing a

formal complaint.

(e) Are family members of a person who has engaged in any protected acts described

above.

Members are encouraged to report any legal violations through the chain of command (Labor

Code § 1102.5).

Members who believe they have been the subject of retaliation for engaging in such protected

behaviors should promptly report it to a supervisor. Supervisors should refer the complaint to the

Professional Standards Unit for investigation pursuant to the Personnel Complaints Policy.

112.7.1 DISPLAY OF WHISTLE-BLOWER LAWS

The Office shall display a notice to members regarding their rights and responsibilities under the

whistle-blower laws, including the whistle-blower hotline maintained by the Office of the Attorney

General (Labor Code § 1102.8).

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112.8 RECORDS RETENTION AND RELEASE

The Records Supervisor shall ensure that documentation of investigations is maintained in

accordance with the established records retention schedules.

112.9 TRAINING

This policy should be reviewed with each new member.

All members should receive periodic refresher training on the requirements of this policy.

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Chapter 2 - Organization and Administration

Policy

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Drug- and Alcohol-Free Workplace

200.1 PURPOSE AND SCOPE

The purpose of this policy is to establish clear and uniform guidelines regarding drugs and alcohol

in the workplace (41 USC § 8103).

200.2 POLICY

It is the policy of the Monterey County Sheriff's Office to provide a drug- and alcohol-free workplace

for all members.

200.3 GENERAL GUIDELINES

Alcohol and drug use in the workplace or on office time can endanger the health and safety of

office members and the public.

Members who have consumed an amount of an alcoholic beverage or taken any medication, or

combination thereof, that would tend to adversely affect their mental or physical abilities shall not

report for duty. Affected members shall notify the Shift Commander or appropriate supervisor as

soon as the member is aware that the member will not be able to report to work. If the member is

unable to make the notification, every effort should be made to have a representative contact the

supervisor in a timely manner. If the member is adversely affected while on-duty, the member shall

be immediately removed and released from work (see the Work Restrictions section in this policy).

200.3.1 USE OF MEDICATIONS

Members should not use any medications that will impair their ability to safely and completely

perform their duties. Any member who is medically required or has a need to take any such

medication shall report that need to the member's immediate supervisor prior to commencing any

on-duty status.

200.3.2 MEDICAL CANNABIS

Possession, use, or being under the influence of medical cannabis on-duty is prohibited and may

lead to disciplinary action.

200.4 MEMBER RESPONSIBILITIES

Members shall report for work in an appropriate mental and physical condition. Members

are prohibited from purchasing, manufacturing, distributing, dispensing, possessing, or using

controlled substances or alcohol on office premises or on office time (41 USC § 8103). The lawful

possession or use of prescribed medications or over-the-counter remedies is excluded from this

prohibition.

Members shall notify a supervisor immediately if they observe behavior or other evidence that

they believe demonstrates that a fellow on-duty member is impaired due to drug or alcohol use.

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Members are required to notify their immediate supervisors of any criminal drug statute conviction

for a violation occurring in the workplace no later than five days after such conviction (41 USC

§ 8103).

200.5 EMPLOYEE ASSISTANCE PROGRAM

There may be available a voluntary employee assistance program to assist those who wish to seek

help for alcohol and drug problems (41 USC § 8103). Insurance coverage that provides treatment

for drug and alcohol abuse also may be available. Employees should contact the Department of

Human Resources, their insurance providers, or the employee assistance program for additional

information. It is the responsibility of each employee to seek assistance before alcohol or drug

problems lead to performance problems.

200.6 WORK RESTRICTIONS

If a member informs a supervisor that the member has consumed any alcohol, drug or medication

that could interfere with a safe and efficient job performance, the member may be required to

obtain clearance from the member's physician before continuing to work.

If the supervisor reasonably believes, based on objective facts, that a member is impaired by the

consumption of alcohol or other drugs, the supervisor shall prevent the member from continuing

work and shall ensure that the member is safely transported away from the Office.

200.7 SCREENING TESTS

The supervisor may require an employee to submit to a screening under any of the following

circumstances:

(a) The supervisor reasonably believes, based upon objective facts, that the employee

is under the influence of alcohol or drugs that are impairing the employee's ability to

perform duties safely and efficiently.

(b) The employee discharges a firearm in the performance of duties (excluding training

or authorized euthanizing of an animal).

injury, death, or substantial property damage.

(d) The employee drives a motor vehicle in the performance of duties and becomes

involved in an incident that results in bodily injury, death, or substantial damage to

property.

200.7.1 SUPERVISOR RESPONSIBILITIES

The supervisor shall prepare a written record documenting the specific facts that led to the decision

to require the test, and shall inform the employee in writing of the following:

(a) The test will be given to detect either alcohol or drugs, or both.

(b) The result of the test is not admissible in any criminal proceeding against the

employee.

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disciplinary action.

200.7.2 DISCIPLINE

An employee may be subject to disciplinary action if the employee:

(a) Fails or refuses to submit to a screening test.

(b) After taking a screening test that indicates the presence of a controlled substance,

fails to provide proof, within 72 hours after being requested, that the employee took the

controlled substance as directed, pursuant to a current and lawful prescription issued

in the employee's name.

200.8 COMPLIANCE WITH THE DRUG-FREE WORKPLACE ACT

No later than 30 days following notice of any drug statute conviction for a violation occurring

in the workplace involving a member, the Office will take appropriate disciplinary action, up to

and including dismissal, and/or requiring the member to satisfactorily participate in a drug abuse

assistance or rehabilitation program (41 USC § 8104).

200.9 CONFIDENTIALITY

The Office recognizes the confidentiality and privacy due its members. Disclosure of any

information relating to substance abuse treatment, except on a need-to-know basis, shall only be

with the express written consent of the member involved or pursuant to lawful process.

The written results of any screening tests and all documents generated by the employee

assistance program are considered confidential medical records and shall be maintained

separately in the member's confidential medical file in accordance with the Personnel Records

Policy.

Policy

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Financial Practices

201.1 PURPOSE AND SCOPE

The Sheriff shall prepare and present an annual budget request that ensures an adequate

allocation of resources for facility operations and programming. Budget requests shall be prepared

in the manner and detail prescribed by the Office. Service goals and objectives should be

delineated in the budget plan.

201.2 POLICY

The Office's responsibilities include the development of a budget plan, submitting the plan to the

County Administrator, and monitoring the facility's progress toward meeting its budget objectives

throughout the fiscal year.

A fiscal system has been established that accounts for all income and expenditures on an ongoing

basis. Methods for collecting, safeguarding and disbursing monies shall comply with established

accounting procedures.

201.3 BUDGET PLAN

The Chief Deputy will establish a system of quarterly projections of expenditures for personnel,

operating expenses, equipment and capital projects. A record of a historical pattern of

expenditures along with a justification for new expenditures should be used as the supporting

documentation in the development of the budget plan.

Once completed, the budget plan will be submitted to the Auditor/Controller for review and

approval and/or returned to the Office for additional development. Once the budget plan has

been approved by the County Administrator or the authorized designee, the Office may initiate

expenditures in accordance with the plan.

201.4 FISCAL ACCOUNTING AND MANAGEMENT OF APPROVED BUDGET

The Auditor/Controller is responsible for monitoring the facility's progress toward meeting its

budget objectives throughout the fiscal year. Data on key performance indicators should be

collected and evaluated at regular intervals and reviewed by the Sheriff and the Chief Deputy's

budget officials and other policy-makers. Reports should contain at a minimum the following

information:

• The budget amount

• The amount expended for the month

• The year-to-date amount expended

• Any outstanding encumbrances

• The cumulative total year-to-date expenditures plus outstanding encumbrances

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When the Chief Deputy receives the monthly budget report, he/she should review all of the

expenditure accounts for risk indicators, such as:

• Significant variations in expenditures in an account used consistently, where the

amounts charged are expected to vary little, if any, from month to month.

• Expenditures that are significantly beyond the forecasted amounts or whether the

year-to-date percentages expended are significantly higher than the percentage of

time elapsed.

• Large balances of/or long-term outstanding encumbrances.

Fiscal data collected during the year should be used to formulate a budget for the following year.

201.5 TRANSFERRING FUNDS AMONG BUDGET CATEGORIES

Unless otherwise specified, the transfer of funds among budget categories may require the

approval of the County Administrator.

201.6 FINANCIAL AUDITS

The Sheriff should ensure that a financial audit of the facility is conducted annually. The audit shall

conform to generally accepted auditing standards.

201.6.1 FINANCIAL AUDITS OF THE INMATE WELFARE FUND

An annual financial audit of the Inmate Welfare Fund shall be conducted and shall include the

Office's budget and any monies placed into the Inmate Welfare Fund. The methods used for

collecting, safeguarding and disbursing monies, including inmates' personal funds held by the

facility, shall comply with accepted accounting procedures.

201.6.2 POSITION CONTROL

Position control is the process used by the Office to exercise control over the size and cost of its

workforce. It ensures that any new, regular employee added to an agency's payroll basis is filling

a position that has been approved and budgeted, and that the rate of pay for the position is within

the salary range for the job classification in which the position resides.

This facility is one of the most labor-intensive functions and therefore control of payroll

expenditures is a crucial part of managing the facility budget. In order to exercise control of payroll

expenditures, the Office will utilize a system of position control as part of its ongoing budget

process.

201.7 STAFFING PLAN

The Chief Deputy should maintain an up-to-date staffing plan for the purpose of exercising position

control. The staffing plan should include a comprehensive list of all positions in this facility. Each

position has a descriptive job title that is associated with a description of the position's duties and

responsibilities. Each position will have a written job description for all position classifications and

post assignments that define responsibilities, duties and qualifications.

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The Chief Deputy should adhere to the following strategies for the management of position control

and personnel costs:

(a) Ensure that this facility is staffed with the appropriate number and type of staff.

The proper allocation and deployment of staff across shifts and functional units is

essential. In addition, the availability of the right classification of staff (e.g., custody

staff supervising inmates, maintenance staff performing maintenance, food service

staff preparing meals) with the appropriate job skills and training enhances efficiency.

(b) Strategically time the filling of newly authorized positions or vacancies in current

positions. Strategic timing is important throughout the budget year to create vacancy

savings that can be used to address current budget year shortfalls.

to make the case for additional staff and/or to provide sufficient funding in an overtime

line item. The use of overtime should also be monitored at regular intervals to verify

that it is being used within projected levels.

(d) Manage the use of part-time staff. The number of hours worked by part-time staff

should be monitored to ensure that part-time employees are not working in excess

of what has been authorized (e.g., a part-time employee should be working no more

than an average of 20 hours per week).

(e) Establish and maintain procedures to ensure the accuracy and integrity of payroll

documentation. Time cards, time sheets and related documentation should reflect

actual hours worked.

(f) Consider the impact of position upgrades on the entire job classification. An upgrade

for one position may set the stage for upgrades of similar positions within the same

job classification.

(g) Monitor the use of merit increases. Caution should be exercised in granting merit

increases as a way of making up for perceived shortfalls in cost-of-living increases.

Each merit increase, unless it is a one-time bonus, increases the base pay and has

an impact on continuation funding in future budget years.

201.7.1 INSURANCE REQUIREMENTS

The Office shall ensure, by way of office risk managers, the procurement of adequate liability

coverage of the jail operations. Coverage shall include, at minimum, workers' compensation, civil

liability and the public employee blanket bond.

201.7.2 PERFORMANCE MONITORING

Performance monitoring necessitates the establishment of benchmarks and performance targets.

The Auditor/Controller shall develop budget benchmarks so that actual performance output can be

compared with these targets to determine whether this facility is meeting the goals and objectives

articulated in the budget.

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A quarterly monitoring report assessing the effectiveness, efficiency and quality of custody

operations will be provided to the Sheriff for the purpose of developing the budget for the following

year.

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Supervision of Inmates - Minimum Requirements

202.1 PURPOSE AND SCOPE

The purpose of this policy is to ensure the safety and security of the facility through the application

of appropriate staffing levels.

202.2 POLICY

It is the policy of this facility to provide for the safety and security of citizens, staff and inmates

through appropriate staffing levels that are sufficient to operate the facility and perform functions

related to the safety, security, custody and supervision of inmates.

202.3 SUPERVISION OF INMATES

There shall be, at all times, sufficient staff designated to remain in the facility for the supervision

and welfare of inmates, to ensure the implementation and operation of all programs and activities

as required by Title 15 CCR Minimum Jail Standards, and to respond to emergencies when

needed. Such staff must not leave the facility while inmates are present and should not be assigned

duties that could conflict with the supervision of inmates (15 CCR 1027).

When both male and female inmates are held at this facility, a minimum of one male and one

female deputy should be on-duty in the jail at all times.

Staff members shall not be placed in positions of responsibility for the supervision and welfare of

inmates of the opposite sex in circumstances that can be described as an invasion of privacy or

that may be degrading or humiliating to the inmates. Staff used as program resource personnel

with inmates should be of the same sex as the inmates when reasonably available. However, at

least one staff member of the same sex as the inmates should be on-duty and available to the

inmates during all such activities.

To the extent reasonably practicable, inmate bathrooms will contain modesty screens that

preserve privacy without creating areas that cannot be properly supervised.

The Chief Deputy or the authorized designee shall be responsible for developing staffing plans

to comply with this policy. Records of staff deployment should be maintained in accordance with

established records retention schedules (Penal Code § 4021; 15 CCR 1027).

202.4 SEPARATION OF DUTIES

Maintenance personnel are employed to perform preventive, routine and emergency maintenance

functions. Custody staff will not be given physical plant maintenance duties that distract from their

primary responsibility of supervising inmates.

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Prohibition on Inmate Control

203.1 PURPOSE AND SCOPE

The purpose of this policy is to define the requirement that staff should at all times exercise control

of the inmate population under their supervision and should prevent inmates from controlling other

inmates within the facility.

203.2 POLICY

All staff, including support staff, contractors and volunteers should exercise control and

supervision of all inmates under their control. It is the policy of this office to prohibit any staff

member to implicitly allow, or by dereliction of duty allow, any inmate or group of inmates to exert

authority over any other inmate (Penal Code § 4019.5; 15 CCR 1083(c)).

203.3 EDUCATION, DRUG OR ALCOHOL PROGRAM ASSISTANTS

Nothing in the policy is intended to restrict the legitimate use of inmates to assist in the instruction

of educational or drug and alcohol programs. Any use of inmates in this manner will be expressly

authorized by the Chief Deputy in a legally prescribed manner. Any program that uses inmates to

assist in legitimate program activities will be closely supervised by facility employees or vocational

instructors. Nothing in this section is intended to authorize an inmate program assistant to engage

in disciplining other inmates.

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Equipment Inventory and Supplies

204.1 PURPOSE AND SCOPE

This facility must have the materials, supplies and equipment that are necessary to maintain

effective and efficient operations. This policy establishes responsibilities and requirements for

purchasing, storing, and inventory of those items.

204.2 POLICY

The Chief Deputy shall ensure that all jail property and fixed assets are inventoried annually and

that all supplies purchased are reconciled with the invoice prior to payment.

The Jail maintains a secure storage area for the purpose of storing supplies and equipment. The

Chief Deputy shall maintain oversight of the area.

With the exception of medical supplies, which are ordered by the medical staff, the Auditor/

Controller is responsible for the purchasing and acquisition of materials and equipment for this

facility. Supplies and equipment that are not needed for immediate use should be stored in a

secure storage area.

Requisition forms bearing the signature of the Office Auditor-Controller should be completed and

received by the Auditor/Controller before any supplies or equipment are purchased and distributed

to the facility. Any encumbrance to this facility’s budget requires review and approval by the Chief

Deputy and the Auditor-Controller.

The Office's Auditor/Controller, in conformance with established policies, is responsible for

negotiating all other purchases.

204.3 PURCHASING

The Chief Deputy, along with the Auditor-Controller, is responsible for managing the purchasing

process to ensure that amounts and types of purchases fall within budget parameters. The Chief

Deputy must also ensure that this facility's purchasing process complies with applicable laws,

regulations, and office policies.

With approval of the Chief Deputy and the Auditor-Controller, small purchases of under $100 that

are a critical need may be procured by way of a petty cash voucher.

Personnel with spending authority should adhere to the following strategies:

(a) Be knowledgeable about the county’s requirements and procedures for purchasing

goods and services.

(b) Establish a working relationship with this facility’s purchasing agent.

services required to operate the facility.

(d) Ensure that staff with spending authority follow procedures that outline the process for

submission and approval of purchase requisitions.

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(e) Review purchase requisitions to verify the need, urgency, and priority.

(f) Monitor service contracts to ensure that this facility is receiving the scope and quality

of services specified in the contract.

(g) Regularly monitor expenditures to make certain the purchase of goods and services

is charged to the appropriate accounts and within budget limits.

(h) Keep purchase records to maintain the integrity and availability of purchasing

documents, including requisitions, purchase orders, receiving reports, and invoices.

(i) Maintain inventory records of disposal in accordance with county requirements and

procedures.

204.4 EQUIPMENT INVENTORY

The Chief Deputy or the authorized designee will conduct an audit on all supplies and equipment

annually. All losses will be reported by the Sheriff to the County Administrator. The Auditor/

Controller may also conduct an interim audit on all fixed assets in order to maintain a complete

and accurate accounting of equipment and its location.

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Tool and Culinary Equipment

205.1 PURPOSE AND SCOPE

The purpose of this policy is to establish a tightly controlled process for the use of tools and culinary

equipment in order to reduce the risk of such items becoming weapons for the inmate population.

While there are times that specific inmate workers may need to possess tools or equipment for

legitimate daily operations, the possession and use of those tools must be carefully monitored

and controlled by staff (15 CCR 1029(a)(6)).

205.2 POLICY

It is the policy of this facility to securely store, inventory, control and monitor the use of tools and

culinary equipment to ensure accountability and the secure use of these items (15 CCR 1029(a)

(6)).

205.3 CUSTODY TOOLS

Tools include all implements that are maintained within the secure perimeter of the facility to

complete specific tasks. These tools include, but are not limited to, mops, brooms, dustpans and

floor polishers.

All tools, culinary items or medical equipment shall be locked in secure cabinets or storage rooms

when not in use.

Any time tools are brought into a secure area where inmates are present, staff supervising the area

shall count the number of tools brought in to ensure that the same number of tools is taken out.

Any tool that is used within the secure perimeter of the facility must be closely monitored and

controlled by the staff supervising the area so that it cannot be used as a weapon (15 CCR 1029(a)

(6)). Inmates who are assigned tasks that require these tools shall be closely supervised.

An inventory of all tools used and stored within the secure perimeter of the facility shall be

developed and maintained by the Chief Deputy. Tools will be inventoried by an assigned staff

member at least once every 24 hours. The loss of any tool will be immediately reported to the

on-duty supervisor, who shall initiate immediate action to locate or account for the missing tool,

including:

(a) Detaining and searching any inmate who had access to the tool.

(b) Conducting a thorough search of the immediate area for the missing item.

The staff member responsible for the supervision of the use of the missing tool will prepare and

submit a report to the Shift Commander documenting the specific tool that is missing and the

circumstances of the disappearance. The report will be forwarded to the Chief Deputy. A report

identifying all members involved in the search should be submitted to the on-duty supervisor

documenting their findings.

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205.4 MAINTENANCE OR CONSTRUCTION TOOLS

Maintenance or construction tools are those tools and equipment that are brought into and out of

the secure perimeter of the facility by employees or contractors to facilitate repairs or construction

of the physical plant. Only the tools and equipment needed specifically for the intended work will

be permitted into the facility. All tools and equipment will be inventoried and a list of the tools will

be provided to the control booth prior to any tools or equipment being brought inside the secure

perimeter.

A staff member will check the tools being brought into this facility against the inventory list. Prior to

entering the secure perimeter of the facility, the contractor shall be instructed to maintain personal

possession of the tools at all times. When it is necessary to complete a task in an area where

inmates are present, the inmates shall be locked down by staff supervising the area.

When the person has finished working in the area, a deputy will ensure that all tools are accounted

for by checking the tool inventory. In the event of a discrepancy, the on-duty supervisor shall be

immediately notified and appropriate action taken to locate or account for the items. Once all tools

have been accounted for, the inmates may be released from lockdown.

205.5 EXTERIOR-USE TOOLS

Exterior-use tools are those that are used by inmate workers outside of the secure perimeter.

These tools include, but are not limited to, the following:

•

Handheld tools

•

Power tools

•

Landscape maintenance tools

•

Farm equipment

Only inmate workers who are classified to work outside the secure perimeter of the facility will be

allowed to possess exterior-use tools. The deputy responsible for supervising inmate workers on

outside work crews will inventory all tools assigned for this purpose at the beginning of the shift.

Any tool issued to an inmate will be logged with the inmate’s name, the tool type and serial number

documented. When an inmate worker is finished with that tool, the responsible staff member shall

check the tool against the check-out log and document its return. Inmate workers shall not be

permitted to pass tools between each other except under the direct supervision of a deputy.

All tools will be checked-in and noted on the log and returned to the tool storage area at the end

of each shift. Until all tools are accounted for, inmate workers should not be released from the

work assignment.

In the event that an exterior-use tool is missing, the deputy shall immediately notify a supervisor. A

thorough search for the tool will be undertaken and an incident report shall be completed. Inmates

may only be released from their work assignments when it has been determined that it is safe to

do so, and upon the approval of the supervisor. The incident report with all relevant information

shall be forwarded to the Chief Deputy.

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205.6 KITCHEN EQUIPMENT

Culinary tools are located in the kitchen and include common tools used in the preparation, service

and delivery of meals.

All kitchen knives or metal tools with sharp edges shall be stored in a locked cabinet. There shall

be an outline of the tool’s assigned location in the cabinet so that any tool missing from the cabinet

can be easily identified. When in use, all knives shall be tethered to the work area. All tools shall

be returned to the secure cabinet when not in use.

The deputy assigned to the kitchen shall inventory all kitchen tools at the beginning of his/her shift

and prior to the arrival of inmate workers. Kitchen tools will only be issued to inmates who have

been classified as inmate workers. Staff will supervise inmates at all times when the inmates are

using tools.

Each tool issued will be assigned to an individual inmate and logged. The inmate’s name and

the tool type will be documented. When an inmate worker is finished with a tool, the tool shall be

checked in with the deputy and documented. Inmate workers shall not be permitted to pass tools

between each other except under the direct supervision of a deputy.

All tools will be returned to the kitchen tool cabinet at the end of each shift and must be accounted

for prior to any inmate worker being released from the work assignment.

In the event that a kitchen tool is missing, the deputy shall immediately notify the on-duty

supervisor, who shall initiate immediate action to locate or account for the missing tool. A

thorough search for the tool will be undertaken and an incident report shall be completed by the

deputy responsible for the supervision of the use of the tool. The incident report with all relevant

information shall be forwarded to the Chief Deputy.

205.7 SERVING AND INDIVIDUAL EATING TOOLS

Serving tools and individual eating tools are those culinary tools located outside of the kitchen.

Only inmate workers who are assigned to serve food shall be in control of serving tools. These

tools shall be assigned to each inmate worker by the kitchen deputy prior to leaving the kitchen.

The tool type shall be documented. Upon returning to the kitchen from serving meals, the inmate

workers shall individually check their tools in with the kitchen deputy, who shall document each

one.

In the event that a serving tool is missing, the kitchen deputy shall notify a supervisor and a search

for the tool shall be initiated.

Eating utensils (forks/spoons/sporks) shall be counted by the deputy supervising the meal service

prior to and at the completion of each meal. In the event that a utensil is missing, the housing unit

shall be immediately locked down and a supervisor notified. A thorough search of the housing unit

shall be initiated to locate the tool.

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Records and Data Practices

206.1 PURPOSE AND SCOPE

This policy establishes guidelines for the control and access of confidential records by staff,

contractors and volunteers.

206.2 ACCESS TO CRIMINAL RECORDS

Official files, documents, records, electronic data, video and audio recordings and information held

by the Monterey County Sheriff's Office or in the custody or control of office employees, volunteers

or contractors are regarded as non-public and/or confidential.

Access to confidential paper or electronically generated records in this facility is restricted at

various locations according to job function and the need to know. Employees working in assigned

areas will only have access to the information that is necessary for the performance of their

duties. Granting access to other employees or anyone outside of the work area must meet

with supervisory approval. All requests for information received from outside the Office shall be

forwarded to the Chief Deputy.

Custody staff, volunteers and contractors shall not access, disclose or permit the disclosure or

use of such files, documents, reports, records, video or audio recordings or other confidential

information except as required in the performance of their official duties and in accordance with

office policies, statutes, ordinances and regulations related to data practices.

Custody staff, volunteers and contractors who are uncertain of the confidentiality status of any

document should consult with a supervisor or Chief Deputy to determine the status of the

documents in question.

206.3 STAFF TRAINING

Prior to being allowed to work inside this facility, all custody staff, volunteers and contractors will

receive training on office records, policies and confidentiality requirements, including the potential

criminal and civil penalties that may result from a breach of confidentiality in violation of this policy

and all applicable statutes.

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Research Involving Inmates

207.1 PURPOSE AND SCOPE

The purpose of this policy is to establish safeguards and guidelines to protect inmates from being

used as research subjects in medical and other research experiments based only on their status

as inmates and without proper approval, review or informed consent.

207.2 POLICY

The Monterey County Sheriff's Office will conduct and support research that improves operations,

enhances professional knowledge, decreases recidivism and advances the office’s mission in

accordance with existing laws and with appropriate protection of all inmates. However, the use of

inmates for medical, pharmaceutical, or cosmetic experiments is prohibited.

207.3 AUTHORIZATION REQUIREMENTS

Prior to initiating any approved research, all persons conducting research in this facility must agree

to abide by all office policies relating to the security and confidentiality of inmate files. Based upon

the intended use of the research, guidelines will be established regarding what information shall

be accessible to the researcher or the research organization.

Any requests for an exception shall include a response to the following questions as part of the

proposed research project:

• Who is conducting the research?

• What is the purpose of the research?

• What is the methodology?

• Do the researchers or persons advocating research involving the use of inmates

have an understanding of their ethical responsibilities, including considerations for the

establishment of an Institutional Review Board (IRB), as described in 45 CFR 46.301

et seq.?

• Any other information as deemed appropriate by the Chief Deputy or Sheriff.

Inquiries regarding proposed research projects from local, state and federal executive and

legislative bodies/agencies will be brought to the attention of the Sheriff immediately by the

employee who receives the request. At the direction of the Sheriff, an appropriate and timely

response will be made to each legitimate inquiry.

Research or studies involving more than the information identified as public information may

require signed release/waiver forms from the involved inmates. The Sheriff should consult and

seek guidance from the legal counsel serving the Office or other legal expert in these matters.

Inmates are not precluded from individual treatment based on the need for a specific medical

procedure that is not generally available. An inmate’s treatment with a new medical procedure

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by the inmate’s own physician shall be undertaken only after the inmate has received a full

explanation of the positive and negative features of the treatment, and only with the inmate’s

informed consent.

207.4 LEGAL CONSIDERATIONS

Any research conducted or supported by the United States Department of Health and Human

Services (DHHS) will be required to comply with the provisions of 45 CFR 46.301 et seq.

207.4.1 BIOMEDICAL RESEARCH

Research relating to or involving biological, medical or physical science shall not be conducted

on any inmate. This does not include the accumulation of statistical data in the assessment of the

effectiveness of nonexperimental public health programs or treatment programs in which inmates

routinely participate (Penal Code § 3502).

Records-based biomedical research using existing information, without prospective interaction

with inmates, may be conducted consistent with Penal Code § 3500 et seq. and federal law.

207.5 INMATES IN COMMUNITY-BASED RESEARCH

When inmates who are participants in a community-based research protocol are admitted to the

facility, the following shall occur:

(a) The intake nurse shall collect all relevant data including name and contact information

of the treating physician, and all available detail about the treatment regimen and the

condition being treated.

(b) The responsible physician shall be contacted prior to the initiation of treatment.

to determine the intent of the study and any necessary parameters to measure as the

treatment period progresses.

(d) Necessary information shall be obtained so that withdrawal from the research protocol

is done without harming the health of the inmate.

207.6 HUMAN RESEARCH STUDIES

This office does not endorse enrolling inmates into human research studies. Requests to enroll

inmates in human research studies will not ordinarily be approved. However, any request to enroll

an inmate into such a study must be reviewed by the Sheriff, the Responsible Physician and legal

counsel, and authorization provided prior to enrollment. Any authorized enrollments shall comply

with all state and federal guidelines.

Policy

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Inmate Records

208.1 PURPOSE AND SCOPE

This policy establishes the procedures required to create and maintain accurate records of all

persons booked and confined in this facility.

208.2 POLICY

It is the policy of this office that all records shall be complete and comprehensive, resulting in

reliable data that provides information about each inmate’s period of confinement, as well as

histories of previous confinement in this facility. All inmate records are official office documents

and should be used for official business only. Inmate records are a vital component of the criminal

justice system and should only be released to authorized persons.

208.2.1 RECORDS RETENTION

Inmate records shall be maintained consistent with the established records retention schedule.

208.3 RECORD MAINTENANCE

It shall be the responsibility of the Records Division to maintain records on all persons who have

been committed or assigned to this facility, including but not limited to the following (15 CCR 1041):

•

Information gathered during the admission process as provided in the Inmate

Reception Policy

•

Photographs and fingerprints cross-referenced to the booking number

•

Duration of confinement

•

Cash and property inventory and receipts

•

Classification records, including inmate classification levels and housing restrictions

•

Housing history records

•

Reports of disciplinary events and dispositions

•

Grievances and dispositions

•

Reports of incidents or crimes committed during confinement

•

Request forms

•

Special visit forms

•

Court appearances, documents, and the disposition of hearings

•

Work documentation

•

Program documentation

•

Visitation records

•

Telephone records

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•

Medical, dental, mental health, drug and alcohol screenings, assessments,

treatments, and medications

•

Non-medical information regarding disabilities and other limitations

The Chief Deputy or the authorized designee shall establish a procedure for managing inmate

records.

208.3.1 COURT ORDERS OF NAME OR GENDER CHANGE

When a court order is received that involves a name change of an inmate, the Records Division

shall document the new name in the inmate's records and list any prior names as an alias. When

a court order is received involving a gender change, appropriate adjustments will be made to the

inmate records (Code of Civil Procedure § 1279.5).

208.4 RELEASE OF INMATE RECORDS

Inmate records are confidential and shall be used for official business only. Any release of inmate

records shall be made only in compliance with a lawful court order or as authorized by state and

federal law to persons having a legitimate criminal justice need, or with a consent form signed

by the inmate (15 CCR 1045). A copy of the release authorization document shall be maintained

in the inmate record file.

208.5 ELECTRONIC RECORD MAINTENANCE

All inmate records and data maintained in an electronic format shall be accessible only through

a login/password-protected system capable of documenting by name, date and time any person

who has accessed the information. The Chief Deputy shall be responsible for working with the

information technology personnel to ensure the security of the data and to develop and maintain

a copy of the security plan.

208.6 RECORDS RETENTION

Inmate records shall be maintained consistent with the established records retention schedule.

208.7 INFORMATION SHARING REGARDING IMMIGRATION STATUS

No member of this office will prohibit, or in any way restrict, another member from doing any of

the following regarding the citizenship or immigration status, lawful or unlawful, of any individual

(8 USC § 1373; Government Code § 7284.6):

(a) Sending information to, or requesting or receiving such information from federal

immigration officials

(b) Maintaining such information in office records

Nothing in this policy restricts sharing information permissible under the California Values Act.

Policy

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Report Preparation

209.1 PURPOSE AND SCOPE

Report preparation is a major part of each deputy's job. The purpose of reports is to refresh the

deputy's memory and to provide sufficient information for a follow-up investigation and successful

prosecution or a disciplinary proceeding. Report writing is the subject of substantial formal and

on-the-job training.

209.2 REPORT PREPARATION

Employees should ensure that reports are sufficiently detailed for their purpose and free from

errors prior to submission. Reports shall be prepared by the staff assigned to investigate or

document an incident, approved by a supervisor and submitted to the Chief Deputy or the

authorized designee in a timely manner (15 CCR 1044). Any incident resulting in death, injury

or endangerment to staff or a visitor, serious injury to an inmate, escape, a major disturbance,

a facility emergency or an unsafe condition at the facility shall be submitted to the Chief Deputy

as soon as practicable but within 24 hours of the incident. It is the responsibility of the assigned

employee to ensure that all the above listed reports meet this requirement or that supervisory

approval has been obtained to delay the report. The supervisor must determine whether the report

will be available in time for appropriate action to be taken, such as administrative notifications or

resolution, investigative leads or an inmate disciplinary proceeding.

Handwritten reports must be prepared legibly. If the report is not prepared legibly, the employee

shall be required by the reviewing supervisor to promptly correct the report. Employees who dictate

reports by any means shall use appropriate grammar, as content is not the responsibility of the

typist. Employees who generate reports on computers are subject to all requirements of this policy.

All reports shall accurately reflect the identity of the persons involved, all pertinent information

seen, heard or assimilated by any other sense, and any actions taken. Employees shall not

suppress, conceal or distort the facts of any reported incident, nor shall any employee make a false

report orally or in writing. Generally, the reporting employee's opinions should not be included in

reports unless specifically identified as such.

209.3 REQUIRED REPORTING

Written reports are required in all of the following situations on the appropriate office-approved

form unless otherwise approved by a supervisor (15 CCR 1044).

209.3.1 CRIMINAL ACTIVITY REPORTING

When an employee responds to an incident, or as a result of self-initiated activity, and becomes

aware of any activity where a crime has occurred, the employee is required to document the

activity. The fact that a victim is not desirous of prosecution is not an exception to documentation.

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209.3.2 INCIDENT REPORTING

Incident reports generally serve as an in-house notation of occurrences in the facility and to initiate,

document and support the inmate disciplinary process. The Office shall establish a filing system

that differentiates between incident reports, crime reports and disciplinary actions. This policy

does not require the duplication of information on two different forms. Where both exist, cross-

referencing facilitates retrieval of one or both.

Incidents that shall be documented using the appropriate approved report include (15 CCR 1044):

(a) Non-criminal incidents of rule violations by inmates.

(b) Attempted suicide or suicidal ideation on the part of an inmate, if known.

(d) Non-criminal security threats, including intelligence related to jail activities.

(e) Significant incidents related to medical issues, health or safety in the jail.

(f) Discovery of contraband in the possession of inmates or their housing areas.

(g) Detaining or handcuffing any visitor at the facility.

(h) Traffic collisions involving office vehicles.

(i) Risk management incidents to include injuries to inmates and lost or damaged

property.

(j) Accidental injuries of staff, inmates or the general public.

209.3.3 DEATHS

All deaths shall be investigated and a report completed by a qualified investigating officer to

determine the manner of death and to gather information, including statements of inmates and

staff who were in the area at the time the death occurred.

Reporting of deaths will be handled in accordance with the Reporting Inmate Deaths Policy.

209.3.4 INJURY OR DAMAGE BY OFFICE PERSONNEL

Reports shall be taken if an injury occurs that is a result of an act of an employee. Reports shall

be taken involving damage to property or equipment.

209.3.5 USE OF FORCE

Reports related to the use of force shall be made in accordance with the Use of Force Policy.

209.4 GENERAL POLICY OF EXPEDITIOUS REPORTING

In general, all employees and supervisors shall act with promptness and efficiency in the

preparation and processing of all reports. An incomplete report, unorganized reports or reports

delayed without supervisory approval are not acceptable. Reports shall be processed according to

established priorities or according to special priority necessary under exceptional circumstances.

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209.4.1 GENERAL POLICY OF HANDWRITTEN REPORTS

Some incidents and report forms lend themselves to block print rather than typing. In general, the

narrative portion of those reports in which there is a long narrative should be typed or dictated.

Supervisors may require, with the foregoing general policy in mind, block printing or typing of

reports of any nature for office consistency.

209.4.2 GENERAL USE OF OTHER HANDWRITTEN FORMS

County, state and federal agency forms may be block printed as appropriate. In general, the form

itself may make the requirement for typing apparent.

209.5 REPORT CORRECTIONS

Supervisors shall review reports for content and accuracy. If a correction is necessary, the

reviewing supervisor should return it to the reporting employee for correction as soon as

practicable. It shall be the responsibility of the originating employee to ensure that any report

returned for correction is processed in a timely manner. It shall be the responsibility of the

supervisor rejecting the report to follow up on any report corrections not received in a timely

manner.

209.6 REPORT CHANGES OR ALTERATIONS

Reports that have been approved by a supervisor and submitted to the Records Division for filing

and distribution shall not be modified or altered except by way of a supplemental report. Reviewed

reports that have not yet been submitted to the Records Division may be corrected or modified

by the authoring employee only with the knowledge and authorization of the reviewing supervisor.

Reviewing supervisors should not alter reports. When modifications are required, these should be

the responsibility of the authoring employee.

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Key and Electronic Access Device Control

210.1 PURPOSE AND SCOPE

The control and accountability of facility keys and electronic access devices are vital factors in

maintaining a safe and secure environment for inmates, staff, volunteers, contractors and the

public (15 CCR 1029(a)(6)). This policy outlines the methods that the Office will use in maintaining

strict security of its keys and electronic access devices. For ease of reference, the term "key" as

used in this policy includes all physical means of access to or exit from the secure areas of the

facility.

210.2 POLICY

It is the policy of this office that all keys used to access secure areas of the facility or to exit

the secure areas of the facility are strictly controlled. Employees and supervisors will be held

accountable for the security and safety of the facility. All key control activities shall be accurately

documented on a daily basis (15 CCR 1029(a)(6)).

210.2.1 KEY IDENTIFICATION

All keys that open any doors within the facility shall be marked with unique identification codes

that will allow for quick inventory. Keys that are bundled together as a set shall be numbered or

coded with a tag to identify that set and the number of keys on the ring. The identifying numbers

or code on keys shall not correspond to numbers/codes on locks.

A separate secure document identifying all keys will be maintained by the central control

supervisor.

210.2.2 KEYSET CONTENTS

Keysets issued to staff for use within the secure perimeter of the facility shall not contain any

key that would permit access to areas outside the secure perimeter. The armory key shall not be

permitted inside the secure perimeter. Exterior door keys shall not be permitted inside the facility

except during an emergency requiring access to the exterior doors.

210.2.3 KEY CONTROL

All facility keys shall be maintained in a locked key box within the Control room. This room shall

have controlled access for staff only. Each person assigned to the facility shall be issued key tags

bearing his/her employee Name. Keysets will be exchanged for key tags to maintain a record of

which employee has which set. At the end of a shift, employees shall exchange all keys for their

key tags.

Under no circumstances shall an employee pass a key or keyset to another employee. All keys

must be checked out through the control process. Employees shall not possess any key for which

they have not been authorized.

Employees shall not duplicate, mark, alter or manufacture any key without written authorization

from the Chief Deputy or the authorized designee.

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The Control Deputy, at the beginning and end of their respective shifts, inventory the key box and

its contents. All keys must be accounted for before the Control Person may end his/her shift.

Under no circumstances will security keys be made available to inmates regardless of their status.

210.2.4 LOCK POLICY

All security perimeter entrances, Control doors and cell doors shall be kept locked, except when

used for admission or exit of employees, inmates or visitors, and in an emergency. Operators of

sallyports shall ensure that only one of the doors of a sallyport is opened at any time for entry

or exit purposes, except where the entry or exit of emergency personnel requires the operator to

override the doors and allow for rapid entry or exit.

210.2.5 TESTING

Locks to security doors or gates shall be tested for proper function at least weekly to ensure

proper operation. This testing shall be documented and a weekly report forwarded to the facility

administrator.

210.2.6 EXTERIOR DOOR AND ARMORY KEYS

Keys for exterior doors to the facility and the armory shall be kept in a locked cabinet in a secure

location, outside of the facility's secure perimeter. Supervisors shall, at the beginning and end of

their respective shifts, inventory and account for these keys.

210.2.7 MISSING KEYS

Any staff member who discovers that a key or keyset is missing shall immediately

make a verbal report to a supervisor and shall log the event in the 24-hour log.

The supervisor shall immediately Contact the person the key was issued to or initiate

a search for the missing key. If a reasonable effort to locate the key

fails, and it has been determined that the key was lost within the facility, the supervisor shall order

a lockdown of the facility. All inmates shall be locked in their cells/housing units. Inmates shall not

be allowed to pass into or out of the facility without being thoroughly searched for the missing key.

The supervisor shall, as soon as practicable, notify the Chief Deputy regarding the loss of the key,

when it was discovered and the circumstances involved.

A methodical and thorough search of the entire facility will be made by the on-duty staff.

Additional staff may be called to assist with the search. If, after a thorough search, the key or

keyset is not located, the Chief Deputy will determine whether to re-key any locks that may have

been compromised, and whether this should be done immediately.

The Chief Deputy shall initiate an investigation into the disappearance of the keys to reexamine

the procedures for key control, and shall notify the Sheriff of his/her findings. Based upon the

findings of the investigation and any recommendations, the procedures governing this policy may

be amended.

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210.2.8 DAMAGED KEYS OR LOCK

Damaged keys or locks shall be promptly reported to a supervisor. No part of a broken key shall

be left in the lock. All portions of the damaged key must be turned in to the Shift Commander, who

will ensure duplicate keys are provided as needed. Damaged locks shall be replaced or repaired

as soon as practicable. Appropriate security measures shall be taken until such time as the lock

is properly restored. No lock to a security door or gate shall be permitted to be inoperable or left

in an unsuitable condition. No inmate shall be secured in a cell, detention room or area that has

inoperable locks.

210.3 KEY CONTROL RECORDS

A shift roster will be maintained for the accounting and security of all keysets. Each shift is

responsible for reporting any key malfunctions or missing keysets. Key control measures shall be

documented by the control room staff on logs and forms, and the records retained in accordance

with established records retention schedules.

210.4 ELECTRONIC ACCESS DEVICES

Proximity cards, fobs or other devices may be issued to staff to allow access to restricted or

controlled areas of the facility. In the event of a lost or stolen device, an employee shall notify

his/her supervisor as soon as it is known the device is missing. The device shall be immediately

deactivated to prevent unauthorized use.

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Daily Activity Logs and Shift Reports

211.1 PURPOSE AND SCOPE

Accurate and legible records are vital to the management of the facility. They provide a means for

managers to review events and emergency situations that have occurred within the facility.

This policy provides guidance for creating and maintaining accurate and legible records necessary

for the management of the facility.

211.2 POLICY

This policy establishes the requirement for the preparation, maintenance and retention of

permanent logs and shift reports to provide a record of both routine activities and unusual events

such as emergencies or other notable occurrences.

211.3 PROCEDURES

All members assigned to a security post shall prepare an accurate daily activity log and shift report.

The daily activity log and shift report is a permanent record of daily activities. Members who falsify

any official document may be subject to disciplinary action, up to and including termination, as

well as criminal prosecution.

All members will adhere to the following procedures when preparing a daily activity log or shift

report:

(a)

Black ink pen shall be used, unless entries are logged into an electronic record.

(b)

Entries should be legible and provide sufficient detail to ensure that the log entry or

report properly reflects the events of the day.

(c)

Entries shall include the name and badge number of the individual making the entry.

(d)

Entries shall reflect the date and time of the event logged.

(e)

Entries created and stored electronically shall not be modified. If corrections or

changes become necessary, they shall be done by way of a supplemental entry,

leaving the original entry unaltered and retrievable.

(f) Handwritten log entries requiring modification shall be crossed out with one line and

a new entry made, noting that it is a correction.

211.4 DAILY 24-HOUR LOG

All pertinent activities should be documented in the daily 24-Hour log. At a minimum this includes:

•

Personnel on-duty

•

Formal counts

•

Security checks and inspections

•

All searches/shakedowns

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•

Meal service

•

Alarms and security equipment tests

•

Medication delivery or inmate complaint of illness or injury and the action taken

•

Unusual inmate behavior

•

Activities and programs offered and the attendees

•

Unusual occurrences

•

Sanitation inspections

•

Use of emergency equipment

The 24-Hour log will be retained in accordance with established records retention schedules.

211.5 SHIFT REPORT

Each member assigned to a security post, as well as the supervisor, shall prepare a shift report

for the oncoming staff. This report shall include the following:

(a)

The formal inmate count at the beginning and end of each shift

(b)

Key count and exchange

(c)

Money count (at whatever post money is handled)

(d)

Exchange of security equipment (e.g., duress alarm, radio)

(e)

The time the supervisor made rounds

(f)

Information that would assist the oncoming staff

(g)

Unusual occurrences

The shift report will be retained in accordance with established records retention schedules.

211.6 SUPERVISOR RESPONSIBILITIES

Supervisors shall review the daily 24-Hour logs during the course of each shift. When appropriate,

supervisors should include comments in the 24-Hour log with regard to an incident or unusual

occurrence in the facility.

Whenever a major event in the facility requires a coordinated command response, the Incident

Commander (IC) should designate someone to keep a running log that identifies, at minimum,

the following:

•

Date and time the incident began

•

Specific location of the incident

•

Times of significant response measures taken during the incident

•

Name, identification number and time of arrival of personnel on-scene

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•

Orders issued by the IC

•

Significant events that occurred as a result of the incident

The above information should remain available to the IC throughout the event to assist with

ongoing response planning.

Policy

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Personnel Records

212.1 PURPOSE AND SCOPE

This policy governs maintenance and access to personnel records. Personnel records include any

file maintained under an individual member's name.

212.2 REQUESTS FOR DISCLOSURE

Any member receiving a request for a personnel record shall promptly notify the custodian of

records or other person charged with the maintenance of such records.

Upon receipt of any such request, the responsible person shall notify the affected member as

soon as practicable that such a request has been made (Evidence Code § 1043).

The responsible person shall further ensure that an appropriate response to the request is made

in a timely manner, consistent with applicable law. In many cases, this may require assistance

of available legal counsel.

All requests for disclosure that result in access to a member’s personnel records shall be logged

in the corresponding file.

212.2.1 SUBPOENAS

Personnel files may be subpoenaed by a third party. If employment records are subpoenaed under

state authority, the employee may be notified and has the right to object to production of the

records under certain circumstances.

Any subpoena duces tecum should be promptly provided to a supervisor for review and

processing. While a subpoena duces tecum may ultimately be subject to compliance, it is not an

order from the court that will automatically require the release of the requested information.

All questions regarding compliance with any subpoena or subpoena duces tecum should be

promptly referred to legal counsel for the Office so that a timely response can be prepared.

212.2.2 RELEASE OF PERSONNEL INFORMATION

Personnel records shall not be disclosed except as allowed by law (Penal Code § 832.7; Evidence

Code § 1043).

Any person who maliciously, and with the intent to obstruct justice or the due administration of the

laws, publishes, disseminates, or otherwise discloses the residence address or telephone number

of any member of this office may be guilty of a misdemeanor (Penal Code § 146e).

The Office may release any factual information concerning a disciplinary investigation if the

member who is the subject of the investigation (or the member's representative) publicly makes

a statement that is published in the media and that the member (or representative) knows to be

false. The disclosure of such information, if any, shall be limited to facts that refute any such false

statement (Penal Code § 832.7).

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212.2.3 REQUESTS FOR DISCLOSURE OF FORMER EMPLOYEE FILES

Members receiving requests for information from another agency regarding allegations of sexual

abuse or sexual harassment involving a former employee should work with counsel to ensure

compliance with Prison Rape Elimination Act (PREA) requirements (28 CFR 115.17).

212.2.4 RELEASE OF LAW ENFORCEMENT GANG INFORMATION

Information relating to the termination of a deputy from this office for participation in a law

enforcement gang shall be disclosed to another law enforcement agency that is conducting a

preemployment background investigation except where specifically prohibited by law (Penal Code

§ 13670).

212.3 MEMBERS' ACCESS TO THEIR PERSONNEL RECORDS

Any member may request access to the member's own personnel records during the normal

business hours of those responsible for maintaining such files. Any member seeking the removal

of any item from the member's personnel records shall file a written request to the Sheriff through

the chain of command. The Office shall remove any such item if appropriate, or within 30 days

provide the member with a written explanation of why the contested item will not be removed. If

the contested item is not removed from the file, the member’s request and the written response

from the Office shall be retained with the contested item in the member’s corresponding personnel

record (Government Code § 3306.5).

Members may be restricted from accessing files containing any of the following information:

(a) An ongoing internal affairs investigations to the extent that it could jeopardize or

compromise the investigation pending final disposition or notice to the member of the

intent to discipline

(b) Confidential portions of internal affairs files that have not been sustained against the

member

(d) Letters of reference concerning employment/appointment, licensing, or issuance of

permits regarding the member.

(e) Any portion of a test document, except the cumulative total test score for either a

section of the test document or for the entire test document

(f) Materials used by the Office for staff management planning, including judgments

or recommendations concerning future salary increases and other wage treatments,

management bonus plans, promotions and job assignments or other comments or

ratings used for office planning purposes

(g) Information of a personal nature about a person other than the member if disclosure of

the information would constitute a clearly unwarranted invasion of the other person's

privacy

(h) Records relevant to any other pending claim between the Office and the member that

may be discovered in a judicial proceeding

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212.4 RETENTION AND PURGING

Unless provided otherwise in this policy, personnel records shall be maintained in accordance

with the established records retention schedule.

(a) During the preparation of each member’s performance evaluation, all personnel

complaints and disciplinary actions should be reviewed to determine the relevancy,

if any, to progressive discipline, training, and career development. Each supervisor

responsible for completing the member’s performance evaluation should determine

whether any prior sustained disciplinary file should be retained beyond the required

period for reasons other than pending litigation or other ongoing legal proceedings.

(b) If a supervisor determines that records of prior discipline should be retained beyond

the required period, approval for such retention should be obtained through the chain

of command from the Sheriff.

beyond the required retention period is no longer relevant, all records of such matter

may be destroyed in accordance with the established records retention schedule.

212.5 BRADY MATERIAL IN PERSONNEL FILES

The purpose of this section is to establish a procedure for releasing potentially exculpatory

information (Brady material) contained within personnel files.

If a member is a material witness in a criminal case, a person or persons designated by the Sheriff

may examine the subject deputy’s personnel file to determine whether it contains Brady material.

Brady material includes all material evidence and facts that are reasonably believed to be

exculpatory to any individual in a case (to impeach a witness, for example). Evidence or facts

are considered material if there is a reasonable probability that they may affect the result of any

criminal proceeding, including sentencing. If potential Brady material is located, the prosecuting

attorney shall be notified.

Because a determination of what is or is not Brady material will often require legal or even judicial

review, any questions should be resolved by the prosecuting attorney.

Prior to the release of any information pursuant to this process, a protective order should be

requested from the court limiting the use of such materials to the involved case and requiring the

return of all copies upon completion of the case.

212.6 POLICY

It is the policy of this office to maintain personnel records and preserve the confidentiality of

personnel records pursuant to the Constitution and the laws of California (Penal Code § 832.7).

212.7 OFFICE FILE

The Office file shall be maintained as a record of a person's employment/appointment with this

office. The office file should contain at a minimum:

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(a) Personal data, including photographs, marital status, names of family members,

educational and employment history, or similar information. A photograph of the

member should be permanently retained.

(b) Election of employee benefits.

employment/appointment status. These should be permanently retained.

(d) Original performance evaluations. These should be permanently retained.

(e) Discipline records including copies of sustained personnel complaints (see the

Personnel Complaints Policy.

1. Disciplinary action resulting from sustained internally initiated complaints or

observation of misconduct shall be maintained pursuant to the established

records retention schedule and at least four years (Government Code § 12946).

2. Disciplinary action resulting from a sustained civilian’s complaint involving

misconduct shall be maintained pursuant to the established records retention

schedule and at least 15 years (Penal Code § 832.5).

3. A civilian’s complaint involving misconduct that was not sustained shall be

maintained pursuant to the established records retention schedule and at least

five years (Penal Code § 832.5).

(f) Adverse comments, such as supervisor notes or memos may be retained in the

office file after the member has had the opportunity to read and initial the comment

(Government Code § 3305).

1. Once a member has had an opportunity to read and initial any adverse comment,

the member shall be given the opportunity to respond in writing to the adverse

comment within 30 days (Government Code § 3306).

2. Any member response shall be attached to and retained with the original adverse

comment (Government Code § 3306).

3. If a member refuses to initial or sign an adverse comment, at least one supervisor

should note the date and time of such refusal on the original comment and the

member should sign or initial the noted refusal. Such a refusal, however, shall

not be deemed insubordination, nor shall it prohibit the entry of the adverse

comment into the member’s file (Government Code § 3305).

(g) Commendations and awards.

(h) Any other information, the disclosure of which would constitute an unwarranted

invasion of personal privacy.

212.8 BUREAU FILE

Bureau files may be separately maintained internally by a member's supervisor for the purpose of

completing timely performance evaluations. The Bureau file may contain supervisor comments,

notes, notices to correct, and other materials that are intended to serve as a foundation for the

completion of timely performance evaluations.

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All materials intended for this interim file shall be provided to the employee prior to being placed

in the file in accordance with Government Code § 3305 and Government Code § 3306._

212.9 TRAINING FILE

An individual training file shall be maintained by the Training Sergeant for each member. Training

files will contain records of all training; original or photocopies of available certificates, transcripts,

diplomas, and other documentation; and education and firearms qualifications. Training records

may also be created and stored remotely, either manually or automatically (e.g., Daily Training

Bulletin (DTB) records)._

(a) The involved member is responsible for providing the Training Sergeant or immediate

supervisor with evidence of completed training/education in a timely manner.

(b) The Training Sergeant or supervisor shall ensure that copies of such training records

are placed in the member's training file.

212.10 PROFESSIONAL STANDARDS UNIT FILE

Internal affairs files shall be maintained under the exclusive control of the Professional Standards

Unit in conjunction with the office of the Sheriff. Access to these files may only be approved by

the Sheriff or the Professional Standards Unit supervisor.

These files shall contain the complete investigation of all formal complaints of member misconduct,

regardless of disposition (Penal Code § 832.12 ). Investigations of complaints that result in the

following findings shall not be placed in the member's file, but will be maintained in the internal

affairs file:

(a) Not sustained

(b) Unfounded

Investigation files arising out of sustained civilian’s complaints involving misconduct shall be

maintained pursuant to the established records retention schedule and for a period of at least 15

years. Investigations that resulted in other than a sustained finding may not be used by the Office

to adversely affect an employee’s career (Penal Code § 832.5).

Investigation files arising out of internally generated complaints shall be maintained pursuant to

the established records retention schedule and for at least four years (Government Code § 12946).

Investigation files arising out of a civilian complaint involving misconduct that was not sustained

shall be maintained pursuant to the established records retention schedule and at least five years

(Penal Code § 832.5).

212.11 MEDICAL FILE

A medical file shall be maintained separately from all other personnel records and shall contain

all documents relating to the member’s medical condition and history, including but not limited to:

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(a) Materials relating to a medical leave of absence, including leave under the Family and

Medical Leave Act (FMLA).

(b) Documents relating to workers' compensation claims or the receipt of short- or long-

term disability benefits.

inquiries, and related documents.

(d) Medical release forms, doctor's slips, and attendance records that reveal a member's

medical condition.

(e) Any other documents or material that reveals the member's medical history or medical

condition, including past, present, or future anticipated mental, psychological, or

physical limitations.

212.12 SECURITY

Personnel records should be maintained in a secured location and locked either in a cabinet

or access-controlled room. Personnel records maintained in an electronic format should have

adequate password protection.

Personnel records are subject to disclosure only as provided in this policy or according to

applicable discovery procedures.

Nothing in this policy is intended to preclude review of personnel records by the County

Administrator, County Counsel, or other attorneys or representatives of the county in connection

with official business._

Policy

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Administrative and Supervisory Inspections

213.1 PURPOSE AND SCOPE

The purpose of this policy is to establish both regularly scheduled and unannounced inspections

of the facility's living and activity areas. This is to encourage contact with staff and inmates and to

observe inmate living and working conditions. Inspections may be useful in identifying deficiencies,

which can be corrected, as well as processes working properly, which may be replicated elsewhere

in the facility.

213.2 POLICY

Tours and inspections shall be conducted by administrative and supervisory staff throughout the

jail at least weekly to facilitate and encourage communication among administrators, managers,

supervisors, staff employees, inmates and the visiting public.

213.3 INSPECTIONS

The Chief Deputy is responsible for ensuring that scheduled and unscheduled inspections, visits

and contacts are implemented to minimally include:

(a) The general conditions and overall climate of the facility.

(b) The living and working conditions of inmates.

the visiting public.

(d) Compliance with policies.

(e) Safety, security and sanitation concerns.

(f) Inmate concerns.

(g) Meal services.

213.3.1 AREAS TO BE INSPECTED

Supervisor inspections should occur in all occupied areas of the facility on a daily basis, including

weekends and holidays. Inspections should be conducted randomly and special effort should be

given to tour and informally inspect the following areas:

• Inmate housing areas

• Booking and receiving areas, including holding cells

• Exercise yard and recreation areas

• Visiting and program areas

• Medical and dental service areas

• Vocational work areas, e.g., the kitchen, janitorial closets

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• Sallyports and transportation staging areas

213.4 INSPECTIONS OF SECURITY EQUIPMENT

The Chief Deputy shall be responsible for designating a qualified person to conduct weekly

inspections of all security devices, identifying those in need of repair or maintenance and providing

a written report of the results of the inspection. The Chief Deputy shall document all action taken

to correct identified deficiencies, including maintenance records, and shall retain those records in

accordance with established records retention schedules.

213.5 DOCUMENTATION AND REPORTING

Each staff member conducting the inspection or tour shall document the activity in the appropriate

station form or facility log. The log should include any significant findings that indicate remedial

action or training may be needed. Significant issues of security or safety shall be addressed

promptly. Commendable or successful actions that should be replicated elsewhere in the facility

should also be noted in the log.

The Shift Commander shall review the logs daily and ensure that any deficiencies noted are

addressed or forwarded through the chain of command, as appropriate, and that commendable

actions are also appropriately addressed.

Policy

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Employee Compensation

214.1 PURPOSE AND SCOPE

The purpose of this policy is to establish a process for reviewing compensation and benefit

levels for all facility personnel when a labor organization process, Memorandum of Understanding

(MOU ) or other methodology does not exist. The goal of a compensation and benefit package

should be to establish competitive salary and benefits to ensure the ability to recruit, hire and

retain qualified staff.

214.2 POLICY

It shall be the policy of this office to strive for parity of compensation and benefits with similar

occupational groups in the state or region, whenever fiscal conditions permit, to ensure the ability

to recruit, hire and retain qualified staff. Compensation and benefits for deputies should be equal

to those for law enforcement officers working in the same organization or at the same level of

government.

All compensation actions shall be in accordance with civil service rules, labor codes and MOUs

for pay and benefits, and subject to fiscal conditions.

Policy

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Perimeter Security

215.1 PURPOSE AND SCOPE

The purpose of this policy is to establish this facility's perimeters, to ensure that incarcerated

inmates remain inside the perimeters, and that visitors, vendors, volunteers and employee access

is granted only with proper authorization and through designated safety vestibules and sallyports.

The secure perimeter of this facility will provide protection from the escape of persons being

processed, held or housed, and will act as a defense against the entry of unauthorized persons.

It shall be maintained to prevent contraband from entering the secure areas of the facility (Title

15 CCR § 1029(a)(6)).

215.2 POLICY

All entry points to the secure perimeter of the facility shall be monitored and controlled continuously

by Control staff. The entire perimeter shall be inspected, maintained, monitored and continuously

assessed to ensure its physical integrity and prevent unauthorized entry, inmate escape and

contraband from entering the facility.

215.2.1 VISITORS

This facility shall be maintained as a secure area and no person shall enter any portion of the

inner perimeter without specific authorization from the Chief Deputy or the authorized designee.

All visitors shall be required to provide satisfactory identification, such as a valid driver's license,

valid passport or military identification. Visitors shall be required to sign in on the visitor log and

state the reason for the visit. Visitors must wear a visitor's badge at all times and shall be escorted

by one or more staff members at all times while they are in the secure areas of the facility.

215.3 PROCEDURE

The secure perimeter shall be maintained by assigned staff as well as a contracted law

enforcement agency. The Chief Deputy or the authorized designee shall ensure that a staffing

plan is in place to monitor the secure perimeter of this facility. Suspicious activity at or near the

perimeter shall immediately be reported to the Shift Commander and the Control. The Control

staff shall initiate an appropriate law enforcement response.

Individuals suspected to be in violation of any law may be subject to detention or arrest.

Warrant checks should be conducted on all individuals who are on the property without proper

authorization. Individuals found to be loitering on or around the perimeter of the facility will be

stopped and questioned to determine the circumstances of their presence. They may be denied

entrance into the facility.

The Control staff shall identify all persons seeking to gain access to the secure perimeter of the

facility. Persons delivering goods or services shall identify themselves to the Control staff prior to

being allowed access to the delivery area.

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Materials delivered to or transported from the facility's secure perimeter shall be inspected for

contraband. Vendors making deliveries into the secure area of the facility will do so under the

supervision of custody staff.

Keys to the secure perimeter shall be easily identifiable and issued only in emergency situations

or with the authorization of the Chief Deputy.

Weapons lockers are provided outside all secure perimeter entrances. All weapons must be

secured prior to an individual being allowed to enter the facility.

The sallyport and the secure garage are to be used for the transfer of inmates.

Operation of the sallyport doors will be done in such a manner as to effectively control movement

into and out of the secure inner perimeter of this facility. Control staff are responsible for ensuring

all perimeter surveillance equipment is in good working order and shall immediately report

malfunctions or failures to the on-duty supervisor.

Outer perimeter security may be accomplished by using fencing or another type of barrier. These

barriers should be designed to route vehicular and pedestrian traffic away from non-public areas.

Outer perimeter lighting should be designed to illuminate all areas of the exterior to allow visual

inspection by video monitor or perimeter patrols.

Policy

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Accessibility - Facility and Equipment

216.1 PURPOSE AND SCOPE

This policy is intended to ensure that staff and the general public have access to the facility, in

compliance with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation

Act (29 USC § 794).

216.1.1 DISABILITY DEFINED

A disability is any physical or mental impairment that substantially limits one or more major life

activities. These include, but are not limited to, any disability that would substantially limit the

mobility of an individual or an impairment of vision and/or hearing, speaking or performing manual

tasks that require some level of dexterity. Additionally, disability includes a physical or mental

impairment that would inhibit a person’s ability to meet the requirements established by the Office

for conducting visitation or other business in the facility.

216.2 POLICY

The Monterey County Sheriff's Office prohibits discrimination of persons with disabilities. The

Monterey County Sheriff's Office adheres to the ADA and all other applicable federal and state

laws, regulations and guidelines in providing reasonable accommodations to ensure that the

facility is reasonably accessible to and usable by individuals.

216.3 ACCOMMODATIONS

As part of the compliance with the ADA and the commitment to provide access to persons with

disabilities, the Office will provide reasonable accommodations that include, but are not limited to:

•

Vehicle parking areas that accommodate cars and vans or other vehicles with

wheelchair lifts.

•

Public areas that are wheelchair accessible.

•

Drinking fountains that can accommodate wheelchairs or other mobility devices.

•

ADA-compliant elevators.

•

Restroom areas that are wheelchair compliant and meet ADA standards for

accessibility.

•

Search areas and metal detection devices, including private areas where alternative

search methods may be performed.

•

Services and equipment for the deaf and hard of hearing.

•

Visitor check-in areas.

•

Visitation areas, including attorney interview rooms that can accommodate

wheelchairs and other mobility devices.

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216.3.1 MEMBER RESPONSIBILITIES

Members receiving a request for accommodation should make reasonable attempts to do so. If a

request cannot be reasonably accommodated, a supervisor should be notified.

Members becoming aware of any potential ADA violation should document the issue in a

memorandum and forward the memorandum to the Chief Deputy with a copy to the ADA

coordinator.

Members receiving a complaint of disability discrimination or inability to reasonably access the

facility, or any other complaint related to the ADA, should document the complaint and refer the

matter to the ADA coordinator.

216.4 ADA COORDINATOR

The Chief Deputy should appoint a staff member to serve as the ADA coordinator, whose primary

responsibilities include, but are not limited to, coordinating compliance with ADA requirements.

The ADA coordinator should be knowledgeable and experienced in a variety of areas, including:

(a) The office's structure, activities and employees, including special issues relating to the

requirements of the jail.

(b) The ADA and other laws that address the rights of people with disabilities, such as

Section 504 of the Rehabilitation Act (29 USC § 794).

(d) Alternative formats and technologies that enable staff, inmates and the public with

disabilities to communicate, participate and perform tasks related to jail activities.

(e) Construction and remodeling requirements with respect to ADA design standards.

(f) Working cooperatively with staff, inmates and the public with disabilities, as well as

with local disability advocacy groups or other disability groups.

(g) Negotiation and mediation.

216.4.1 DISSEMINATION OF INFORMATION

The ADA coordinator will be responsible for the dissemination of information to staff and visitors

on issues specifically related, but not limited to:

•

Services available to members of the public who are disabled.

•

Accessing services to accommodate disabilities.

•

Registering complaints or grievances relating to issues involving the ADA.

216.5 TRAINING

The ADA coordinator should work with the Training Sergeant as appropriate, developing training

regarding issues specifically related, but not limited to:

(a) The requirements of Section 504 of the Rehabilitation Act (29 USC § 794).

(b) Office policies and procedures relating to ADA requirements.

Policy

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News Media Relations

217.1 PURPOSE AND SCOPE

This policy provides guidelines for media releases and media access to this facility's incidents and

general public information.

217.2 POLICY

It is the policy of this office that the ultimate authority and responsibility for the release of

information to the media shall remain with the Sheriff. However, in situations not warranting

immediate notice to the Sheriff and in situations where the Sheriff has given prior approval, the

Chief Deputy or designated Public Information Officer may prepare and release information to the

media in accordance with this policy and applicable law (15 CCR 1045).

217.2.1 MEDIA REQUEST

Any media request for information or access to this facility shall be referred to the designated

Public Information Officer, or if unavailable, to the first available supervisor. Prior to releasing any

information to the media, employees shall consider the following:

(a) At no time shall any employee of this office make any comment or release any official

information to the media without prior approval from a supervisor or the designated

Public Information Officer.

(b) In any situation involving a law enforcement agency, reasonable efforts shall be made

to coordinate media releases with the authorized representative of each involved

agency prior to the release of any information by this office.

media regarding any law enforcement or corrections-related incident that does not

involve this office without prior approval of the Sheriff or the authorized designee.

217.3 MEDIA ACCESS

Authorized members of the media shall be provided access to scenes of disasters, investigations,

emergencies and other law enforcement activities related to this facility, subject to the following

conditions:

(a) The media representative shall produce valid press credentials that shall be

prominently displayed at all times.

(b) Media representatives may be prevented from interfering with emergency operations

and investigations.

1. In situations where media access would reasonably appear to interfere with

the facility's security, emergency operations and/or an investigation, every

reasonable effort should be made to provide media representatives with

information regarding the incident in such a manner that does not compromise

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the safety and security of the inmates, staff or the facility itself. All data released

to the media should be coordinated through the office Public Information Officer

or other designated spokesperson.

consent of the involved employee.

(d) Media interviews with individuals who are in custody shall not be permitted without

the approval of the Sheriff and the express consent of the person in custody. The

supervisor shall obtain a signed waiver from the inmate prior to being interviewed,

photographed or videotaped.

217.3.1 PROVIDING ADVANCE INFORMATION

To protect the safety and rights of personnel working in this facility, advance information about

planned actions by custody personnel, such as movement of persons in custody or the execution

of a mass arrest in which field booking is arranged, should not be disclosed to the news media

nor should media representatives be invited to be present at such actions except with the prior

approval of the Sheriff.

Any exceptions to the above should only be considered for the furtherance of this facility's

legitimate purposes. Prior to approving any exception, the Sheriff will consider, at minimum,

whether the release of information or the presence of the media would unreasonably endanger

any individual, prejudice the rights of any person or is otherwise prohibited by law.

217.4 SCOPE OF INFORMATION SUBJECT TO RELEASE

The Office will maintain a daily log of individuals who are currently in custody or were recently

booked. Unless restricted by law and except to the extent that disclosure of a particular item of

information would endanger the safety of a person involved in an investigation or would endanger

the successful completion of the investigation or a related investigation, the following information

on inmates and persons booked is considered public information and can be released upon

request:

(a) The full name and occupation of the inmate

(b) The inmate's physical description, including date of birth

(d) Date and time of booking

(e) Location of arrest

(f) The factual circumstances surrounding the inmate's arrest

(g) All charges the inmate is being held on, including outstanding warrants, probation/

parole holds

(h) Amount of bail

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(i) The time and manner of the inmate's release or the location where the inmate is

currently being held

(j) Court appearance dates

(k) Arresting agency

Information on this facility's policies and procedures regarding non-security related matters, (i.e.,

programs, facility rules and regulations, visitation, health care, religious services) can be released

to the general public by any custody staff member. A copy of the applicable portions of this facility's

policy and procedures manual can be made available for public review with the approval of the

Sheriff.

Any information related to the applicable portions shall be redacted before being provided to the

general public. Applicable regulations for the operation of a custody facility can be made available

for review by the public and inmates. Inmates can request a copy through the inmate programs

staff.

Information related to escapes, suicides or crimes occurring in this facility shall only be released

with the approval of the Chief Deputy or the authorized designee.

Identifying information pertaining to a juvenile detainee shall not be publicly released without prior

approval of a competent court, except as otherwise authorized by law. Information concerning

incidents involving certain sex crimes and other offenses set forth in all applicable laws shall be

restricted.

Identifying information concerning deceased individuals shall not be released to the media until

notification of next of kin or until otherwise cleared by the coroner's/medical examiner's office or

otherwise required by law.

217.4.1 RESTRICTED INFORMATION

It shall be the responsibility of the Chief Deputy or the authorized designee to ensure that restricted

information is not inappropriately released to the media by this office. When in doubt, authorized

and available legal counsel should be consulted.

Examples of such restricted information include, but are not limited to:

(a) Confidential personnel information concerning staff and volunteers of the Office.

1. The identities of custody personnel involved in major incidents may only be

released to the media pursuant to consent of the involved personnel or upon a

request processed in accordance with the Public Records Act.

(b) Criminal history information.

successful completion of any ongoing investigation.

(d) Information pertaining to pending litigation involving this office.

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(e) Information obtained in confidence.

(f) Any information that is otherwise privileged or restricted under state or federal law.

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Community Relations and Public Information

Plan

218.1 PURPOSE AND SCOPE

This policy provides guidelines to custody personnel when dealing with the general public or

interested groups when requests are received to share information regarding the operations and

policies of the facility (15 CCR 1045). (See the News Media Relations policy for guidance on

media releases.)

218.2 RESPONSIBILITIES

The Chief Deputy is responsible for ensuring that the following information is public and available

to all who inquire about it.

(a) The Board of State and Community Corrections Minimum Standards for Local

Detention Facilities as found in Title 15 of the California Code of Regulations.

(b) Facility rules and procedures affecting inmates as specified in 15 CCR sections:

1. 1045, Public Information Plan

2. 1061, Inmate Education Plan

3. 1062, Visiting

4. 1063, Correspondence

5. 1064, Library Service

6. 1065, Exercise and Recreation

7. 1066, Books, Newspapers, Periodicals and Writings

8. 1067, Access to Telephone

9. 1068, Access to Courts and Counsel

10. 1069, Inmate Orientation

11. 1070, Individual/Family Service Programs

12. 1071, Voting

13. 1072, Religious Observance

14. 1073, Inmate Grievance Procedure

15. 1080, Rules and Disciplinary Penalties

16. 1081, Plan for Inmate Discipline

17. 1082, Forms of Discipline

18. 1083, Limitations on Discipline

19. 1200, Responsibility for Health Care Services

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This information is to be made available at the facility's front desk and assembled into a binder

or clearly posted for public viewing. Additionally, a copy should be made available in this facility’s

library or provided by other means for use by inmates. At the discretion of the Sheriff, the

information may also be made available electronically. No information will be released on persons

whose booking process is not completed.

218.3 PROHIBITED MATERIALS

Policies, procedures and other information and materials related to the safety and security of

inmates, custody personnel, the facility or the maintenance of order should not be provided as a

part of the public information material unless directed by the Sheriff.

218.4 TOURS OF THE CUSTODY FACILITY

Tours of this facility may be arranged through the on duty Commander or Chief Deputy. Authorized

tours are subject to facility rules and restrictions:

(a)

Persons who tour this facility must be of an appropriate age as determined by the

Sheriff.

218.5 POLICY

It is the policy of the Monterey County Sheriff's Office to protect the privacy rights of individuals

while releasing non-confidential information to interested groups when requests are received.

Information that has the potential to affect the safety and security of the Jail or an investigation

will not be released.

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Victim Notification of Inmate Release

219.1 PURPOSE AND SCOPE

The purpose of this policy is to ensure victims of crimes receive notice when an inmate held for

those crimes is released, and that victims receive any other notification required by California law.

219.2 POLICY

It is the policy of this office to act in accordance with all laws regarding victim notification.

219.3 PROCEDURE

The Chief Deputy shall ensure that a system is in place for individuals to request release

notification on any inmate housed in this facility.

Notification requests or requirements that are known during the booking process should be

documented in the appropriate designated section of the inmate’s booking file.

In the event that an individual contacts this facility and requests notification on any inmate

housed in this facility, staff should notify a supervisor, who will determine whether notifications

are required or appropriate, and ensure the notification request and determination is documented

in the inmate’s file.

219.4 NOTIFICATION

Members tasked with the release of an inmate or investigating an escape shall verify whether

there is a required release notification in the inmate’s file.

Members shall document notification efforts in the inmate’s file.

Unless ordered by the court or a supervisor, no victim information shall be provided to any

inmate by any employee or volunteer of this facility. Any unauthorized access or release of victim

information is a direct violation of victim confidentiality and applicable policies, and may subject

the person releasing the information to disciplinary action, up to and including termination from

employment and/or criminal prosecution.

219.4.1 REQUIRED NOTIFICATIONS

The Shift Commander or the authorized designee shall make a reasonable and good faith effort

to make all notifications required by law including:

(a)

Notice to any person a court identifies as a victim of the offense, a family member of

the victim, or a witness to the offense not less than 15 days prior to the release of

any person convicted of stalking under Penal Code § 646.9 or convicted of a felony

involving domestic violence (Penal Code § 646.92(a)).

(b)

Notice to any person a court identifies as a victim of the offense, a family member of

the victim, or a witness upon escape and capture of any person convicted of violating

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Penal Code § 646.9 or convicted of a felony offense involving domestic violence (Penal

Code § 646.92(d)).

(c)

Notice to any victim or other affected person who has requested notification that

an inmate convicted of the offenses listed in Penal Code § 679.02(a)(13) has been

ordered placed on probation and the proposed date of release (Penal Code §

679.02(a)(14)).

(d)

If the crime was a homicide, notice to any victim or the next of kin of the victim within

60 days of an inmate's placement in a reentry or work furlough program, or of the

inmate's escape (Penal Code § 679.02(a)(6)).

(e)

Notice of the release of any inmate to victims of crime who have requested to be

notified

(f)

Notice to law enforcement agencies known to be involved with the case upon any

escape and capture of an inmate.

Notification should be made by telephone, certified mail, or electronic mail, using the method of

communication selected by the person to be notified, if that method is reasonably available. In

the event the person's contact information provided to the Office is no longer current, the Office

shall make a diligent, good faith effort to learn the whereabouts of the victim in order to comply

with these notification requirements. Notification shall only be left on a messaging system if the

person has indicated in the notification request that such notification is acceptable or if staff has

attempted and cannot make other contact with the person.

If contact cannot be made and no means exist to leave a message with the person, the Shift

Commander or the authorized designee should request the law enforcement agency having

jurisdiction where the person resides perform a welfare check. Subsequent and continuing

attempts shall be made to contact the person using the numbers listed in the notification request.

All attempts to contact shall be documented on the victim notification request form.

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Vehicle Safety

220.1 PURPOSE AND SCOPE

It is the policy of this office to maintain and operate the vehicles assigned to this facility in a lawful

and safe manner. The Office utilizes office-owned motor vehicles for a variety of applications. To

maintain a system of accountability and ensure that office-owned vehicles are used appropriately,

regulations relating to the use of these vehicles have been established. The term “office-owned”

as used in this section also refers to any vehicle leased or rented by the Office.

220.2 USE AND SECURITY OF OFFICE VEHICLES

All staff members who operate office-owned or leased vehicles must comply with all applicable

state laws and must possess a valid driver’s license endorsed for the type of vehicle operated.

A list of individuals who are authorized to drive office vehicles shall be maintained by the Chief

Deputy, or his designee The list shall be updated monthly to ensure that only qualified personnel

who are in possession of a current and appropriately endorsed operator’s license are on the list.

220.2.1 USE OF SEAT BELTS

The use of seat belts and other safety restraints significantly reduces the chance of death or

injury in case of a traffic collision. This policy establishes guidelines for seat belt use to promote

maximum operator and passenger safety, thus reducing the possibility of death or injury as the

result of a motor vehicle crash. This policy will apply to all members operating or riding in office

vehicles.

All members shall wear properly adjusted safety restraints when operating or riding in a seat

equipped with restraints, in any vehicle owned, leased or rented by this office, while on- or off-

duty, or in any privately owned vehicle while on-duty. The member driving such a vehicle shall

ensure that all other occupants, including non-members, are also properly restrained.

Exceptions to the requirement to wear safety restraints may be made only in exceptional situations

where, due to unusual circumstances, wearing a seat belt would endanger the member or the

public. Members must be prepared to justify any deviation from this requirement.

Whenever possible, inmates should be secured in a prisoner restraint system or, when a prisoner

restraint system is not available, by seat belts. The inmate should be in the seating position for

which seat belts have been provided by the vehicle manufacturer. The prisoner restraint system

is not intended to be a substitute for handcuffs or other appendage restraints.

No person shall operate any office vehicle in which the seat belt in the driver’s position is

inoperable. No person shall be transported in a seated position in which the seat belt is inoperable.

No person shall modify, remove, deactivate or otherwise tamper with the vehicle safety belts,

except for vehicle maintenance and repair staff, who shall do so only with the express authorization

of the Sheriff.

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Members who discover an inoperable restraint system shall report the defect to the appropriate

supervisor. Prompt action will be taken to replace or repair the system.

220.2.2 VEHICLE SECURITY

Office vehicles will be locked and the keys will be secured when not in use. The staff will make

every effort to ensure that the vehicles are parked in a secure location.

Under no circumstances will inmates be allowed to operate a vehicle or have possession of any

vehicle keys. Inmate workers who are assigned to clean vehicles must be closely supervised by

staff.

The loss of any vehicle key shall be promptly reported, in writing, to the on-duty supervisor.

220.3 VEHICLE INSPECTIONS

All office-owned vehicles are subject to inspection and or search at any time by a supervisor. No

member assigned to or operating such vehicle shall be entitled to any expectation of privacy with

respect to the vehicle or any of its contents, regardless of who owns the contents.

220.4 VEHICLE SAFETY REPAIRS

Anyone authorized to drive office vehicles is responsible for assisting in maintaining the vehicles

so that they are properly equipped, maintained and refueled and present a clean appearance.

Anyone authorized to drive office vehicles is responsible for inspecting the interior and exterior

of any assigned vehicle before placing the vehicle into service and again at the conclusion of

his/her shift. Any previously unreported damage, mechanical problems, unauthorized contents or

other problems with the vehicle shall be promptly reported to a supervisor and documented as

appropriate.

Vehicles that are deemed as unsafe shall not be used until necessary repairs are made. The

written request for repairs shall be submitted before the operator checks out a replacement vehicle.

The Chief Deputy or the authorized designee shall monitor the maintenance requests and ensure

that the necessary repairs are made before the vehicle is placed back into service.

Annual vehicle safety inspections will be conducted on all vehicles that are owned, leased or used

by the Office. The inspection will be conducted by a qualified individual designated by the Chief

Deputy. Inspection reports will be forwarded to and maintained by the Chief Deputy.

220.5 USE OF PERSONAL VEHICLES

The use of personal vehicles for official business must be approved by the Chief Deputy, or his

desginee The Chief Deputy or the authorized designee shall verify that the personal vehicle meets

the state's insurance requirements. A copy of the insurance card shall be retained in facility files.

All policies and procedures applicable to facility vehicles shall apply to the personal vehicle while

it is being used for official business.

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220.6 COLLISION DAMAGE, ABUSE AND MISUSE

When any office-owned or leased vehicle is involved in a traffic collision, the involved member

shall promptly notify a supervisor. A traffic collision report shall be filed with the agency having

jurisdiction. The member shall complete the office’s vehicle collision form.

When a collision involves any office vehicle or when a member of this office is an involved driver

in a collision that occurs in this jurisdiction, and the collision results in serious injury or death

or potentially involves any criminal charge, an outside agency should be summoned to handle

the investigation. If the member is incapable of completing the office’s vehicle collision form, a

supervisor shall complete the form.

Any damage to a vehicle that was not caused by a traffic collision shall be immediately reported

during the shift in which the damage was discovered. It shall be documented in memorandum

format and forwarded to the Shift Commander. An administrative investigation will be conducted

to determine if there is any vehicle abuse or misuse. If it is determined that misuse or abuse was

a result of negligent conduct or operation, appropriate disciplinary action may result.

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Staffing Plan

221.1 PURPOSE AND SCOPE

The purpose of this policy is to establish a comprehensive staffing plan and analysis to identify

staffing needs sufficient to maintain the safety and security of the facility, staff, visitors, inmates

and the public.

221.2 POLICY

It is the policy of the Monterey County Sheriff's Office to ensure the safety, security and efficient

operation of this facility by assigning custody personnel according to a detailed staffing plan that

is developed and maintained in accordance with law.

221.3 STAFFING PLAN REQUIREMENTS

The Chief Deputy shall ensure that a staffing plan conforming to the class type and size of this

facility is prepared and maintained as described in the following section. The plan should detail all

custody personnel assignments, including work hours and weekly schedules, and should account

for holidays, vacations, training schedules and other atypical situations (15 CCR 1027).

At minimum, the staffing plan will include the following:

• Facility administration and supervision

• Facility programs, including exercise and recreation

• Inmate supervision and custody

• Support services including medical, food services, maintenance and clerical

• Other jail-related functions such as escort and transportation of inmates

221.4 STAFFING ANALYSIS

The Sheriff or the authorized designee shall complete an annual comprehensive staffing analysis

to evaluate personnel requirements and available staffing levels. The staffing analysis will be used

to determine staffing needs and to develop staffing plans.

This analysis shall include information gathered in collaboration with the health care provider in

each facility regarding staffing requirements. The analysis relating to health care personnel shall

be annually reviewed for adequacy by the health authority.

The Chief Deputy, in conjunction with the PREA coordinator, should ensure that staffing levels

are sufficient to consistently and adequately fill essential positions, as determined by the staffing

plan (28 CFR 115.13). Relief factors for each classification and position should be calculated into

the staffing analysis to ensure staffing levels will consistently meet requirements. Staff should be

deployed in an efficient and cost-effective manner that provides for the safety and security of the

staff, inmates and the public.

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The staffing analysis should be used to identify whether required activities are being performed

competently and in compliance with current laws and office policies. If deficiencies are noted, the

staffing analysis should also include recommendations regarding what corrective measures may

be needed, including the following:

(a)

Operational change

(b)

Equipment requirement

(c)

Additional training

(d)

Supervisory intervention

(e)

Additional personnel

221.4.1 DATA COLLECTION FOR ANALYSIS

The following data should be collected and included in the annual staffing analysis:

•

All categories of leave usage for each staff member working in the jail

•

Date of hire or assignment to a jail position for each member

•

Date of transfer from the jail to another non-custody position for each member

•

Annual hours of authorized overtime expended during the previous year

•

Number of part-time or extra personnel hired during the previous year

•

Details of any unusual occurrence or significant medical issues in the jail that were

related to staffing during the previous year

•

Details of claims or litigation, if any, that were related to staffing levels and were

initiated against the facility in the previous year

•

Labor contracts/collective bargaining agreements relating to corrections and medical

personnel

•

Annual training requirements that affected staffing levels in the jail

•

Concerns expressed by members of the public

•

Any investigations or reports by the grand jury or other government agency, jail

monitor, or ombudsperson

•

Other data that may influence the number of personnel available to occupy posted

positions

221.5 REPORTING

The facility staffing plan shall be made available for review to the Board of State and Community

Corrections (BSCC) staff at the time of their biennial inspection. The Chief Deputy shall report the

results of the BSCC biennial review and recommendations to the officials with fiscal responsibility

for the facility (15 CCR 1027).

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Employee Speech, Expression and Social

Networking

222.1 PURPOSE AND SCOPE

This policy is intended to address issues associated with employee use of social networking sites

and to provide guidelines for the regulation and balancing of employee speech and expression

with the legitimate needs of the Office.

Nothing in this policy is intended to prohibit or infringe upon any communication, speech or

expression that is protected or privileged under law. This includes speech and expression

protected under state or federal constitutions as well as labor or other applicable laws. For

example, this policy does not limit an employee from speaking as a private citizen, including acting

as an authorized member of a recognized bargaining unit, about matters of public concern, such

as misconduct or corruption.

Employees are encouraged to consult with their supervisor regarding any questions arising from

the application or potential application of this policy.

222.1.1 APPLICABILITY

This policy applies to all forms of communication including, but not limited to, film, video, print

media, public or private speech, use of all Internet services, including the World Wide Web, e-

mail, file transfer, remote computer access, news services, social networking, social media, instant

messaging, blogs, forums, video and other file-sharing sites.

222.2 POLICY

Public employees occupy a trusted position in the community, and thus, their statements have the

potential to contravene the policies and performance of this office. Due to the nature of the work

and influence associated with the law enforcement profession, it is necessary that employees of

this office be subject to certain reasonable limitations on their speech and expression. To achieve

its mission and efficiently provide service to the public, the Monterey County Sheriff's Office will

carefully balance the individual employee's rights against the Office's needs and interests when

exercising a reasonable degree of control over its employees' speech and expression.

222.3 SAFETY

Employees should consider carefully the implications of their speech or any other form of

expression when using the Internet. Speech and expression that may negatively affect the safety

of the Monterey County Sheriff's Office employees, such as posting personal information in a

public forum, can result in compromising an employee's home address or family ties. Employees

should therefore not disseminate or post any information on any forum or medium that could

reasonably be anticipated to compromise the safety of any employee, an employee's family or

associates. Examples of the type of information that could reasonably be expected to compromise

safety include:

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• Disclosing a photograph and name or address of a deputy who is working undercover.

• Disclosing the address of a fellow deputy.

• Otherwise disclosing where another deputy can be located off-duty.

222.4 PROHIBITED SPEECH, EXPRESSION AND CONDUCT

To meet the office's safety, performance and public-trust needs, the following are prohibited

unless the speech is otherwise protected (for example, an employee speaking as a private citizen,

including acting as an authorized member of a recognized bargaining unit, on a matter of public

concern):

(a) Speech or expression made pursuant to an official duty that tends to compromise

or damage the mission, function, reputation or professionalism of the Office or its

employees.

(b) Speech or expression that, while not made pursuant to an official duty, is significantly

linked to, or related to, the Office and tends to compromise or damage the mission,

function, reputation or professionalism of the Office or its employees. Examples may

include:

1. Statements that indicate disregard for the law or the state or U.S. Constitution.

2. Expression that demonstrates support for criminal activity.

3. Participating in sexually explicit photographs or videos for compensation or

distribution.

on the credibility of the employee as a witness. For example, posting statements or

expressions to a website that glorify or endorse dishonesty, unlawful discrimination

or illegal behavior.

(d) Speech or expression of any form that could reasonably be foreseen as having a

negative impact on the safety of the employees of the jail. For example, a statement

on a blog that provides specific details as to how and when prisoner transportations

are made could reasonably be foreseen as potentially jeopardizing employees by

informing criminals of details that could facilitate an escape or attempted escape.

(e) Speech or expression that is contrary to this office's Code of Ethics.

(f) Use or disclosure, through whatever means, of any information, photograph, video

or other recording obtained or accessible as a result of employment with the jail for

financial or personal gain, or any disclosure of such materials without the express

authorization of the Sheriff or the authorized designee.

(g) Posting, transmitting or disseminating any photographs, video or audio recordings,

likenesses or images of office logos, emblems, uniforms, badges, patches, marked

vehicles, equipment or other material that specifically identifies the Office on any

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personal or social networking or other website or web page, without the express

authorization of the Sheriff.

(h) Accessing websites for non-authorized purposes, or use of any personal

communication device, game device or media device, whether personally or office-

owned, for personal purposes while on-duty, except in the following circumstances:

1. When brief personal communication may be warranted by the circumstances

(e.g., inform family of extended hours).

2. During authorized breaks such usage should be limited as much as practicable

to areas out of sight and sound of the public and shall not be disruptive to the

work environment.

Employees must take reasonable and prompt action to remove any content, including content

posted by others, that is in violation of this policy from any web page or website maintained by

the employee (e.g., social or personal website).

222.4.1 UNAUTHORIZED ENDORSEMENTS AND ADVERTISEMENTS

While employees are not restricted from engaging in the following activities as private citizens or

as authorized members of a recognized bargaining unit, employees may not represent the Office

or identify themselves in any way that could be reasonably perceived as representing the Office

in order to do any of the following, unless specifically authorized by the Sheriff (Government Code

§ 3206; Government Code § 3302):

(a) Endorse, support, oppose or contradict any political campaign or initiative.

(b) Endorse, support, oppose or contradict any social issue, cause or religion.

(d) Appear in any commercial, social or nonprofit publication or any motion picture, film,

video, public broadcast or on any website.

Additionally, when it can reasonably be construed that an employee, acting in his/her individual

capacity or through an outside group or organization (e.g., bargaining group), is affiliated with this

office, the employee shall give a specific disclaiming statement that any such speech or expression

is not representative of the Office.

Employees retain their right to vote as they choose, to support candidates of their choice and

to express their opinions as private citizens, including as authorized members of a recognized

bargaining unit, on political subjects and candidates at all times while off-duty. However,

employees may not use their official authority or influence to interfere with or affect the result of an

election or a nomination for office. Employees are also prohibited from directly or indirectly using

their official authority to coerce, command or advise another employee to pay, lend or contribute

anything of value to a party, committee, organization, agency or person for political purposes (5

USC § 1502).

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222.5 PRIVACY EXPECTATION

Employees forfeit any expectation of privacy with regard to anything published or maintained

through file-sharing software or any Internet site open to public view (e.g., Facebook, MySpace).

The Office also reserves the right to access, audit and disclose for whatever reason all messages,

including attachments, and any information transmitted over any technology that is issued or

maintained by the Office, including the office e-mail system, computer network or any information

placed into storage on any office system or device.

All messages, pictures and attachments transmitted, accessed or received over office networks

are considered office records and, therefore, are the property of the Office. The Office reserves

the right to access, audit and disclose for whatever reason all messages, including attachments,

that have been transmitted, accessed or received through any office system or device, or any

such information placed into any office storage area or device. This includes records of all key

strokes or web-browsing history made at any office computer or over any office network. The fact

that access to a database, service or website requires a user name or password will not create

an expectation of privacy if it is accessed through office computers or networks.

222.6 CONSIDERATIONS

In determining whether to grant authorization of any speech or conduct that is prohibited under

this policy, the factors that the Sheriff or authorized designee should consider include:

(a) Whether the speech or conduct would negatively affect the efficiency of delivering

public services.

(b) Whether the speech or conduct would be contrary to the good order of the Office or

the efficiency or morale of its members.

(d) Whether the speech or conduct would negatively affect the member's appearance of

impartiality in the performance of his/her duties.

(e) Whether similar speech or conduct has been previously authorized.

(f) Whether the speech or conduct may be protected and outweighs any interest of the

Office.

222.7 TRAINING

Subject to available resources, the Office should provide training regarding employee speech and

the use of social networking to all members of the office.

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Information Technology Use

223.1 PURPOSE AND SCOPE

This purpose of this policy is to provide guidelines for the proper use of office information

technology resources, including computers, electronic devices, hardware, software and systems.

223.1.1 DEFINITIONS

Definitions related to this policy include:

Computer system - All computers (on-site and portable), electronic devices, hardware, software,

and resources owned, leased, rented or licensed by the Monterey County Sheriff's Office that are

provided for official use by its members. This includes all access to, and use of, Internet Service

Providers (ISP) or other service providers provided by or through the Office or office funding.

Hardware - Includes, but is not limited to, computers, computer terminals, network equipment,

electronic devices, telephones including cellular and satellite, pagers, modems or any other

tangible computer device generally understood to comprise hardware.

Software - Includes, but is not limited to, all computer programs, systems and applications

including "shareware." This does not include files created by the individual user.

Temporary file, permanent file or file - Any electronic document, information or data residing

or located, in whole or in part, on the system including, but not limited to, spreadsheets, calendar

entries, appointments, tasks, notes, letters, reports, messages, photographs or videos.

223.2 POLICY

Monterey County Sheriff's Office members shall use information technology resources, including

computers, software and systems, that are issued or maintained by the Office in a professional

manner and in accordance with this policy.

223.3 PRIVACY EXPECTATION

Members forfeit any expectation of privacy with regard to emails, texts or anything published,

shared, transmitted or maintained through file-sharing software or any Internet site that is

accessed, transmitted, received or reviewed on any office technology system.

The Office reserves the right to access, audit and disclose, for whatever reason, any message,

including attachments, and any information accessed, transmitted, received or reviewed over any

technology that is issued or maintained by the Office, including the office e-mail system, computer

network or any information placed into storage on any office system or device. This includes

records of all key strokes or web-browsing history made at any office computer or over any office

network. The fact that access to a database, service or website requires a user name or password

will not create an expectation of privacy if it is accessed through office computers, electronic

devices or networks.

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223.4 RESTRICTED USE

Members shall not access computers, devices, software or systems for which they have

not received prior authorization or the required training. Members shall immediately report

unauthorized access or use of computers, devices, software or systems by another member to

the Shift Commander.

Members shall not use another person's access passwords, logon information and other individual

security data, protocols and procedures unless directed to do so by the Shift Commander.

223.4.1 SOFTWARE

Members shall not copy or duplicate any copyrighted or licensed software except for a single copy

for backup purposes, in accordance with the software company's copyright and license agreement.

To reduce the risk of a computer virus or malicious software infection, members shall not install any

unlicensed or unauthorized software on any office computer. Members shall not install personal

copies of any software on any office computer. Any files or software that a member finds necessary

to install on office computers or networks shall be installed only with the approval of office

information systems technology (IT) staff and only after being properly scanned for malicious

attachments.

When related to criminal investigations, software program files may be downloaded only with the

approval of IT staff and with the authorization of the Sheriff or the authorized designee.

No member shall knowingly make, acquire or use unauthorized copies of computer software that

is not licensed to the Office while on office premises, computer system or electronic device. Such

unauthorized use of software exposes the Office and involved members to severe civil and criminal

penalties.

Introduction of software by members should only occur as a part of the automated maintenance or

update process of office- or county-approved or installed programs by the original manufacturer,

producer or developer of the software. Any other introduction of software requires prior

authorization from IT staff.

223.4.2 HARDWARE

Access to technology resources provided by or through the Office shall be strictly limited to

office-related activities. Data stored on or available through office computer systems shall only

be accessed by authorized members who are engaged in an active investigation, assisting in an

active investigation, or who otherwise have a legitimate law enforcement or office-related purpose

to access such data. Any exceptions to this policy must be approved by the Shift Commander.

223.4.3 INTERNET USE

Internet access provided by or through the Office shall be strictly limited to office-related activities.

Internet sites containing information that is not appropriate or applicable to office use and which

shall not be intentionally accessed include, but are not limited to, adult forums, pornography,

gambling, chat rooms, and similar or related Internet sites. Certain exceptions may be permitted

with the express approval of the Shift Commander as a function of a member's assignment.

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Downloaded information from the Internet shall be limited to messages, mail and data files.

223.4.4 OFF-DUTY USE

Members shall only use technological resources related to their job while on-duty or in conjunction

with specific on-call assignments unless specifically authorized by the Shift Commander. This

includes the use of telephones, cell phones, texting, e-mail or any other "off-the-clock" work-related

activities.

223.5 PROTECTIONS OF SYSTEMS AND FILES

All members have a duty to protect the computer system and related systems and devices from

physical and environmental damage and are responsible for the correct use, operation, care and

maintenance of the computer system.

Members shall ensure office computers and access terminals are not viewable by persons who are

not authorized users. Computers and terminals should be secured, users logged off and password

protections enabled whenever the user is not present. Access passwords, logon information and

other individual security data, protocols and procedures are confidential information and are not

to be shared. Password length, format, structure and content shall meet the prescribed standards

required by the computer system or as directed by the Shift Commander and shall be changed at

intervals as directed by IT staff or the Shift Commander.

It is prohibited for a member to allow an unauthorized user to access the computer system

at any time or for any reason. Members shall promptly report any unauthorized access to the

computer system or suspected intrusion from outside sources (including the Internet) to the Shift

Commander.

223.6 INSPECTION OR REVIEW

The Shift Commander or the authorized designee has the express authority to inspect or review

the computer system, all temporary or permanent files, related electronic systems or devices, and

any contents thereof, whether such inspection or review is in the ordinary course of his/her duties

or based on cause.

Reasons for inspection or review may include, but are not limited to, computer system

malfunctions, problems or general computer system failure, a lawsuit against the Office involving

one of its members or a member's duties, an alleged or suspected violation of any office policy,

request for disclosure of data, or a need to perform or provide a service.

The IT staff may extract, download, or otherwise obtain any and all temporary or permanent files

residing or located in or on the office computer system when requested by the Shift Commander

or during the course of regular duties that require such information.

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Payroll Records

224.1 PURPOSE AND SCOPE

This policy provides the guidelines for completing and submitting payroll records of office members

who are eligible for the payment of wages.

224.2 POLICY

The Monterey County Sheriff's Office maintains timely and accurate payroll records.

224.3 RESPONSIBILITIES

Members are responsible for the accurate completion and timely submission of their payroll

records for the payment of wages.

Supervisors are responsible for approving the payroll records for those under their commands.

224.4 TIME REQUIREMENTS

Members who are eligible for the payment of wages are paid on a scheduled, periodic basis,

generally on the same day or date each period, with certain exceptions, such as holidays. Payroll

records shall be completed and submitted to Administration as established by the county payroll

procedures.

224.5 RECORDS

The Chief Deputy shall ensure that accurate and timely payroll records are maintained as required

by 29 CFR 516.2 for a minimum of three years (29 CFR 516.5).

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Temporary Modified-Duty Assignments

225.1 PURPOSE AND SCOPE

This policy establishes procedures for providing temporary modified-duty assignments. This policy

is not intended to affect the rights or benefits of employees under federal or state law, county rules,

and current memorandums of understanding or collective bargaining agreements. For example,

nothing in this policy affects the obligation of the Office to engage in a good faith, interactive

process to consider reasonable accommodations for any employee with a temporary or permanent

disability that is protected under federal or state law.

225.2 POLICY

Subject to operational considerations, the Monterey County Sheriff's Office may identify temporary

modified-duty assignments for employees who have an injury or medical condition resulting in

temporary work limitations or restrictions. A temporary assignment allows the employee to work,

while providing the Office with a productive employee during the temporary period.

225.3 GENERAL CONSIDERATIONS

Priority consideration for temporary modified-duty assignments will be given to employees with

work-related injuries or illnesses that are temporary in nature. Employees having disabilities

covered under the Americans with Disabilities Act (ADA) or the California Fair Employment and

Housing Act (Government Code § 12940 et seq.) shall be treated equally, without regard to any

preference for a work-related injury.

No position in the Monterey County Sheriff's Office shall be created or maintained as a temporary

modified-duty assignment.

Temporary modified-duty assignments are a management prerogative and not an employee right.

The availability of temporary modified-duty assignments will be determined on a case-by-case

basis, consistent with the operational needs of the Office. Temporary modified-duty assignments

are subject to continuous reassessment, with consideration given to operational needs and the

employee’s ability to perform in a modified-duty assignment.

The Sheriff or the authorized designee may restrict employees working in temporary modified-duty

assignments from wearing a uniform, displaying a badge, carrying a firearm, operating an office-

owned vehicle, or engaging in outside employment, or may otherwise limit them in employing their

peace officer powers.

Temporary modified-duty assignments shall generally not exceed a cumulative total of 1,040 hours

in any one-year period.

225.4 PROCEDURE

Employees may request a temporary modified-duty assignment for short-term injuries or illnesses.

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Employees seeking a temporary modified-duty assignment should submit a written request to the

Chief Deputy or the authorized designee. The request should, as applicable, include a certification

from the treating medical professional containing:

(a) An assessment of the nature and probable duration of the illness or injury.

(b) The prognosis for recovery.

(d) A statement regarding any required workplace accommodations, mobility aids, or

medical devices.

(e) A statement that the employee can safely perform the duties of the temporary

modified-duty assignment.

The Chief Deputy will make a recommendation through the chain of command to the Sheriff

regarding temporary modified-duty assignments that may be available based on the needs of the

Office and the limitations of the employee. The Sheriff or the authorized designee shall confer with

the Department of Human Resources or the County Counsel as appropriate.

Requests for a temporary modified-duty assignment of 20 hours or less per week may be approved

and facilitated by the Chief Deputy or the Chief Deputy, with notice to the Sheriff.

225.5 ACCOUNTABILITY

Written notification of assignments, work schedules, and any restrictions should be provided

to employees assigned to temporary modified-duty assignments and their supervisors. Those

assignments and schedules may be adjusted to accommodate office operations and the

employee’s medical appointments, as mutually agreed upon with the Chief Deputy.

225.5.1 EMPLOYEE RESPONSIBILITIES

The responsibilities of employees assigned to temporary modified duty shall include but are not

limited to:

(a) Communicating and coordinating any required medical and physical therapy

appointments in advance with their supervisors.

(b) Promptly notifying their supervisors of any change in restrictions or limitations after

each appointment with their treating medical professionals.

while assigned to temporary modified duty.

(d) Submitting a written status report to the Chief Deputy that contains a status update

and anticipated date of return to full duty when a temporary modified-duty assignment

extends beyond 60 days.

225.5.2 SUPERVISOR RESPONSIBILITIES

The employee’s immediate supervisor shall monitor and manage the work schedule of those

assigned to temporary modified duty.

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The responsibilities of supervisors shall include but are not limited to:

(a) Periodically apprising the Chief Deputy of the status and performance of employees

assigned to temporary modified duty.

(b) Notifying the Chief Deputy and ensuring that the required documentation facilitating a

return to full duty is received from the employee.

and certification.

225.6 MEDICAL EXAMINATIONS

Prior to returning to full-duty status, employees shall be required to provide certification from their

treating medical professionals stating that they are medically cleared to perform the essential

functions of their jobs without restrictions or limitations.

The Office may require a fitness-for-duty examination prior to returning an employee to full-duty

status, in accordance with the Fitness for Duty Policy.

225.7 PREGNANCY

If an employee is temporarily unable to perform regular duties due to a pregnancy, childbirth, or a

related medical condition, the employee will be treated the same as any other temporarily disabled

employee (42 USC § 2000e(k)). A pregnant employee shall not be involuntarily transferred to a

temporary modified-duty assignment. Nothing in this policy limits a pregnant employee’s right to

a temporary modified-duty assignment if required under Government Code § 12945.

225.7.1 NOTIFICATION

Pregnant employees should notify their immediate supervisors as soon as practicable and provide

a statement from their medical providers identifying any pregnancy-related job restrictions or

limitations. If at any point during the pregnancy it becomes necessary for the employee to take

a leave of absence, such leave shall be granted in accordance with the county’s personnel rules

and regulations regarding family and medical care leave.

225.8 PROBATIONARY EMPLOYEES

Probationary employees who are assigned to a temporary modified-duty assignment shall have

their probation extended by a period of time equal to their assignment to temporary modified duty.

225.9 MAINTENANCE OF CERTIFICATION AND TRAINING

Employees assigned to temporary modified duty shall maintain all certification, training, and

qualifications appropriate to both their regular and temporary duties, provided that the certification,

training, or qualifications are not in conflict with any medical limitations or restrictions. Employees

who are assigned to temporary modified duty shall inform their supervisors of any inability to

maintain any certification, training, or qualifications.

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Illness and Injury Prevention

226.1 PURPOSE AND SCOPE

The purpose of this policy is to establish an ongoing and effective plan to reduce the incidence

of illness and injury for members of the Monterey County Sheriff's Office, in accordance with the

requirements of 8 CCR 3203.

This policy specifically applies to illness and injury that results in lost time or that requires medical

treatment beyond first aid. Although this policy provides the essential guidelines for a plan that

reduces illness and injury, it may be supplemented by procedures outside the Custody Manual.

This policy does not supersede, but supplements any related county-wide safety efforts.

226.2 POLICY

The Monterey County Sheriff's Office is committed to providing a safe environment for its members

and visitors and to minimizing the incidence of work-related illness and injuries. The Office will

establish and maintain an illness and injury prevention plan and will provide tools, training, and

safeguards designed to reduce the potential for accidents, illness, and injuries. It is the intent of

the Office to comply with all laws and regulations related to occupational safety.

226.3 ILLNESS AND INJURY PREVENTION PLAN

The Administration Chief Deputy is responsible for developing an illness and injury prevention

plan that shall include:

(a) Workplace safety and health training programs.

(b) Regularly scheduled safety meetings.

(d) A system for members to anonymously inform management about workplace hazards.

(e) Establishment of a safety and health committee that will:

1. Meet regularly.

2. Prepare a written record of safety and health committee meetings.

3. Review the results of periodic scheduled inspections.

4. Review investigations of accidents and exposures.

5. Make suggestions to command staff for the prevention of future incidents.

6. Review investigations of alleged hazardous conditions.

7. Submit recommendations to assist in the evaluation of member safety

suggestions.

8. Assess the effectiveness of efforts made by the Office to meet relevant

standards.

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(f) Establishment of a process to ensure serious illnesses or injuries and death are

reported as required by the Division of Occupational Safety and Health Administration

(Cal/OSHA) (8 CCR 342).

226.4 ADMINISTRATION CHIEF DEPUTY RESPONSIBILITIES

The responsibilities of the Administration Chief Deputy include but are not limited to:_

(a) Managing and implementing a plan to reduce the incidence of member illness and

injury.

(b) Ensuring that a system of communication is in place that facilitates a continuous flow

of safety and health information between supervisors and members. This system shall

include:

1. New member orientation that includes a discussion of safety and health policies

and procedures.

2. Regular member review of the illness and injury prevention plan.

3. Access to the illness and injury prevention plan to members or their

representatives as set forth in 8 CCR 3203.

and understood by all members.

(d) Taking reasonable steps to ensure that all members comply with safety rules in order

to maintain a safe work environment. This includes but is not limited to:

1. Informing members of the illness and injury prevention guidelines.

2. Recognizing members who perform safe work practices.

3. Ensuring that the member evaluation process includes member safety

performance.

4. Ensuring office compliance to meet standards regarding the following:

(a) Respiratory protection (8 CCR 5144)

(b) Bloodborne pathogens (8 CCR 5193)

(d) Heat illness (8 CCR 3395)

(e) Emergency Action Plan (8 CCR 3220). See the Fire Safety and Evacuation

policies.

(f) Fire Prevention Plan (8 CCR 3221)

(g) Hazards associated with wildfire smoke (8 CCR 5141.1)

(e) Making available the Identified Hazards and Correction Record form to document

inspections, unsafe conditions, or unsafe work practices, and actions taken to correct

unsafe conditions and work practices.

(f) Making available the Investigation/Corrective Action Report to document individual

incidents or accidents.

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(g) Making available a form to document the safety and health training of each member.

This form will include the member’s name or other identifier, training dates, type of

training, and training providers.

(h) Conducting and documenting a regular review of the illness and injury prevention plan.

226.5 SUPERVISOR RESPONSIBILITIES

Supervisor responsibilities include but are not limited to:

(a) Ensuring member compliance with illness and injury prevention guidelines and

answering questions from members about this policy.

(b) Training, counseling, instructing, or making informal verbal admonishments any time

safety performance is deficient. Supervisors may also initiate discipline when it is

reasonable and appropriate under the Standards of Conduct Policy.

issues. This is essential for an injury-free, productive workplace.

(d) Completing required forms and reports relating to illness and injury prevention; such

forms and reports shall be submitted to the Chief Deputy.

(e) Notifying the Chief Deputy when:

1. New substances, processes, procedures, or equipment that present potential

new hazards are introduced into the work environment.

2. New, previously unidentified hazards are recognized.

3. Occupational illnesses and injuries occur.

4. New and/or permanent or intermittent members are hired or reassigned to

processes, operations, or tasks for which a hazard evaluation has not been

previously conducted.

5. Workplace conditions warrant an inspection.

226.6 HAZARDS

All members should report and/or take reasonable steps to correct unsafe or unhealthy work

conditions, practices, or procedures in a timely manner. Members should make their reports to a

supervisor (as a general rule, their own supervisors).

Supervisors should make reasonable efforts to correct unsafe or unhealthy work conditions in a

timely manner, based on the severity of the hazard. These hazards should be corrected when

observed or discovered, when it is reasonable to do so. When a hazard exists that cannot be

immediately abated without endangering members or property, supervisors should protect or

remove all exposed members from the area or item, except those necessary to correct the existing

condition.

Members who are necessary to correct the hazardous condition shall be provided with the

necessary protection.

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All significant actions taken and dates they are completed shall be documented on an Identified

Hazards and Correction Record form. This form should be forwarded to the Chief Deputy via the

chain of command.

The Chief Deputy will take appropriate action to ensure the illness and injury prevention plan

addresses potential hazards upon such notification.

226.7 INSPECTIONS

Safety inspections are crucial to a safe work environment. These inspections identify and evaluate

workplace hazards and permit mitigation of those hazards. A hazard assessment checklist should

be used for documentation and to ensure a thorough assessment of the work environment.

The Administration Chief Deputy shall ensure that the appropriate documentation is completed

for each inspection.

226.7.1 EQUIPMENT

Members are charged with daily inspections of their assigned areas and of their PPE as described

in the Sanitation Inspections and Daily Activity Logs and Shift Reports policies. Members shall

complete the Identified Hazards and Correction Record form if an unsafe condition cannot be

immediately corrected. Members should forward this form to their supervisors.

226.8 INESTIGATIONS

Any member sustaining any work-related illness or injury, as well as any member who is involved

in any accident or hazardous substance exposure while on-duty, shall report such event as soon

as practicable to a supervisor. Members observing or learning of a potentially hazardous condition

are to promptly report the condition to their immediate supervisors.

A supervisor receiving such a report should personally investigate the incident or ensure that

an investigation is conducted. Investigative procedures for workplace accidents and hazardous

substance exposures should include:

(a) A visit to the accident scene as soon as possible.

(b) An interview of the injured member and witnesses.

(d) Determination of the cause of the accident/exposure.

(e) Corrective action to prevent the accident/exposure from reoccurring.

(f) Documentation of the findings and corrective actions taken.

(g) Completion of an Investigation/Corrective Action Report form.

(h) Completion of an Identified Hazards and Correction Record form.

Additionally, the supervisor should proceed with the steps to report an on-duty injury, as

required under the Occupational Disease and Work-Related Illness and Injury Reporting Policy,

in conjunction with this investigation to avoid duplication and ensure timely reporting.

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226.9 TRAINING

The Chief Deputy should work with the Training Sergeant to provide all members, including

supervisors, with training on general and job-specific workplace safety and health practices.

Training shall be provided:

(a) To supervisors to familiarize them with the safety and health hazards to which

members under their immediate direction and control may be exposed.

(b) To all members with respect to hazards specific to each member’s job assignment.

provided.

(d) Whenever new substances, processes, procedures, or equipment are introduced to

the workplace and represent a new hazard.

(e) Whenever the Office is made aware of a new or previously unrecognized hazard.

226.9.1 TRAINING TOPICS

The Training Sergeant shall ensure that training includes:

(a) Reporting unsafe conditions, work practices, and injuries, and informing a supervisor

when additional instruction is needed.

(b) Use of appropriate clothing, including gloves and footwear.

(d) Availability of toilet, hand-washing, and drinking-water facilities.

(e) Provisions for medical services and first aid.

(f) Handling of bloodborne pathogens and other biological hazards.

(g) Prevention of heat and cold stress.

(h) Identification and handling of hazardous materials, including chemical hazards to

which members could be exposed, and review of resources for identifying and

mitigating hazards (e.g., hazard labels, Safety Data Sheets (SDS)).

(i) Mitigation of physical hazards, such as heat and cold stress, noise, and ionizing and

non-ionizing radiation.

(j) Identification and mitigation of ergonomic hazards, including working on ladders or in

a stooped posture for prolonged periods.

(k) Back exercises/stretches and proper lifting techniques.

(l) Avoidance of slips and falls.

(m) Good housekeeping and fire prevention.

(n) Other job-specific safety concerns.

226.10 RECORDS

Records and training documentation relating to illness and injury prevention will be maintained in

accordance with the established records retention schedule.

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Occupational Disease and Work-Related Injury

Reporting

227.1 PURPOSE AND SCOPE

The purpose of this policy is to provide guidance regarding the timely reporting of occupational

diseases, mental health issues, and work-related injuries.

227.1.1 DEFINITIONS

Definitions related to this policy include:

Occupational disease or work-related injury - An injury, disease, or mental health issue arising

out of employment (Labor Code § 3208; Labor Code § 3208.3; Labor Code § 3212 et seq.).

227.2 POLICY

The Monterey County Sheriff's Office will address occupational diseases and work-related injuries

appropriately, and will comply with applicable state workers’ compensation requirements (Labor

Code § 3200 et seq.).

227.3 RESPONSIBILITIES

227.3.1 MEMBER RESPONSIBILITIES

Any member sustaining any occupational disease or work-related injury shall report such event

as soon as practicable, but within 24 hours, to a supervisor, and shall seek medical care when

appropriate (8 CCR 14300.35).

227.3.2 SUPERVISOR RESPONSIBILITIES

A supervisor learning of any occupational disease or work-related injury should ensure the

member receives medical care as appropriate.

Supervisors shall ensure that required documents regarding workers' compensation are

completed and forwarded promptly. Any related countywide disease- or injury-reporting protocol

shall also be followed.

Supervisors shall determine whether the Illness and Injury Prevention Policy applies and take

additional action as required.

227.3.3 FACILITYMANAGER RESPONSIBILITIES

The Chief Deputy who receives a report of an occupational disease or work-related injury

should review the report for accuracy and determine what additional action should be taken.

The report shall then be forwarded to the Sheriff, the county's risk management entity, and the

Administration Chief Deputy to ensure any required Division of Occupational Safety and Health

(Cal/OSHA) reporting is made as required in the illness and injury prevention plan identified in the

Illness and Injury Prevention Policy.

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227.3.4 AGENCYHEAD RESPONSIBILITIES

The Sheriff shall review and forward copies of the report to the Department of Human Resources.

Copies of the report and related documents retained by the Office shall be filed in the member’s

confidential medical file.

227.4 OTHER DISEASE OR INJURY

Diseases and injuries caused or occurring on-duty that do not qualify for workers’ compensation

reporting shall be documented on the designated report of injury form, which shall be signed by

a supervisor. A copy of the completed form shall be forwarded to the appropriate Chief Deputy

through the chain of command and a copy sent to the Administration Chief Deputy.

Unless the injury is extremely minor, this report shall be signed by the affected member, indicating

that he/she desired no medical attention at the time of the report. By signing, the member does

not preclude his/her ability to later seek medical attention.

227.5 SETTLEMENT OFFERS

When a member sustains an occupational disease or work-related injury that is caused by another

person and is subsequently contacted by that person, his/her agent, insurance company, or

attorney and offered a settlement, the member shall take no action other than to submit a written

report of this contact to his/her supervisor as soon as possible.

227.5.1 NO SETTLEMENT WITHOUT PRIOR APPROVAL

No less than 10 days prior to accepting and finalizing the settlement of any third-party claim arising

out of or related to an occupational disease or work-related injury, the member shall provide the

Sheriff with written notice of the proposed terms of such settlement. In no case shall the member

accept a settlement without first providing written notice to the Sheriff. The purpose of such notice

is to permit the county to determine whether the offered settlement will affect any claim the county

may have regarding payment for damage to equipment or reimbursement for wages against the

person who caused the disease or injury, and to protect the county's right of subrogation, while

ensuring that the member's right to receive compensation is not affected.

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Evaluation of Employees

228.1 PURPOSE AND SCOPE

The Office’s employee performance evaluation system is designed to record work performance

for both the Office and the employee, providing recognition for good work and developing a guide

for improvement.

228.2 POLICY

The Monterey County Sheriff's Office utilizes a performance evaluation report to measure

performance and to use as a factor in making personnel decisions that relate to merit increases,

promotion, reassignment, discipline, demotion, and termination. The evaluation report is intended

to serve as a guide for work planning and review by the supervisor and employee. It gives

supervisors a way to create an objective history of work performance based on job standards.

The Office evaluates employees in a nondiscriminatory manner based upon job-related factors

specific to the employee’s position, without regard to actual or perceived race, ethnicity, national

origin, religion, sex, sexual orientation, gender identity or expression, age, disability, pregnancy,

genetic information, veteran status, marital status, and any other classification or status protected

by law.

228.3 EVALUATION PROCESS

Evaluation reports will cover a specific period of time and should be based on documented

performance during that period. Evaluation reports will be completed by each employee’s

immediate supervisor. Other supervisors directly familiar with the employee’s performance during

the rating period should be consulted by the immediate supervisor for their input.

All sworn and Non-sworn supervisory personnel shall attend an approved supervisory course that

includes training on the completion of performance evaluations within one year of the supervisory

appointment.

Each supervisor should discuss the tasks of the position, standards of performance expected

and the evaluation criteria with each employee at the beginning of the rating period. Supervisors

should document this discussion in the prescribed manner.

Assessment of an employee’s job performance is an ongoing process. Continued coaching and

feedback provides supervisors and employees with opportunities to correct performance issues

as they arise.

Non-probationary employees demonstrating substandard performance shall be notified in writing

as soon as possible in order to have an opportunity to remediate the issues. Such notification

should occur at the earliest opportunity, with the goal being a minimum of 90 days' written notice

prior to the end of the evaluation period.

Employees who disagree with their evaluation and who desire to provide a formal response or a

rebuttal may do so in writing in the prescribed format and time period.

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228.4 FULL-TIME PROBATIONARY PERSONNEL

Non-sworn personnel are on probation for [12 months] before being eligible for certification as

permanent employees. An evaluation is completed monthly for all full-time Non-sworn personnel

during the probationary period._

Sworn personnel are on probation for [12 months] before being eligible for certification as

permanent employees. Probationary deputies are evaluated daily, weekly, and monthly during the

probationary period.

228.5 FULL-TIME PERMANENT STATUS PERSONNEL

Permanent employees are subject to three types of performance evaluations:

Regular - An Employee Performance Evaluation shall be completed once each year by the

employee's immediate supervisor on the anniversary of the employee’s date of hire except for

employees who have been promoted in which case an Employee Performance Evaluation shall

be completed on the anniversary of the employee’s date of last promotion.

Transfer - If an employee is transferred from one assignment to another in the middle of an

evaluation period and less than six months have transpired since the transfer, then an evaluation

shall be completed by the current supervisor with input from the previous supervisor.

Special - A special evaluation may be completed any time the rater and the rater's supervisor feel

one is necessary due to employee performance that is deemed less than standard. Generally, the

special evaluation will be the tool used to demonstrate those areas of performance deemed less

than standard when follow-up action is planned (action plan, remedial training, retraining). The

evaluation form and the attached documentation shall be submitted as one package.

228.5.1 RATINGS

When completing the Employee Performance Evaluation, the rater will place a check mark in the

column that best describes the employee's performance. The definition of each rating category

is as follows:

Outstanding - Is actual performance well beyond that required for the position. It is exceptional

performance, definitely superior or extraordinary.

Exceeds standards - Represents performance that is better than expected of a fully competent

employee. It is superior to what is expected, but is not of such rare nature to warrant outstanding.

Meets standards - Is the performance of a fully competent employee. It means satisfactory

performance that meets the standards required of the position.

Needs improvement - Is the level of performance less than that expected of a fully competent

employee and less than standards required of the position. A needs improvement rating shall be

thoroughly discussed with the employee.

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Unsatisfactory - Performance is inferior to the standards required of the position. It is inadequate

or undesirable performance that cannot be tolerated.

Space for written comments is provided at the end of the evaluation in the rater comments section.

This section allows the rater to document the employee's strengths, weaknesses, and suggestions

for improvement. Any rating under any job dimension marked unsatisfactory or outstanding shall

be substantiated in the rater comments section.

228.6 EVALUATION INTERVIEW

When the supervisor has completed the preliminary evaluation, arrangements shall be made

for a private discussion of the evaluation with the employee. The supervisor should discuss the

results of the just completed rating period and clarify any questions the employee may have. If

the employee has valid and reasonable protests of any of the ratings, the supervisor may make

appropriate changes to the evaluation. Areas needing improvement and goals for reaching the

expected level of performance should be identified and discussed. The supervisor should provide

relevant counseling regarding advancement, specialty positions, and training opportunities. The

supervisor and employee will sign and date the evaluation. Permanent employees may also write

comments in the Employee Comments section of the performance evaluation report.

228.6.1 DISCRIMINATORY HARASSMENT FORM

At the time of each employee’s annual evaluation, the reviewing supervisor shall require the

employee to read the county and Monterey County Sheriff's Office harassment and discrimination

policies. Following such policy review, the supervisor shall provide the employee a form to be

completed and returned by the employee certifying the following:

(a) That the employee understands the harassment and discrimination policies.

(b) Whether any questions the employee has have been sufficiently addressed.

(d) Whether the employee has been the subject of, or witness to, any conduct that violates

the discrimination or harassment policy which has not been previously reported.

The completed form should be returned to the supervisor (or other authorized individual if the

employee is uncomfortable returning the form to the presenting supervisor) within one week.

The employee’s completed answers shall be attached to the evaluation. If the employee has

expressed any questions or concerns, the receiving supervisor or other authorized individual shall

ensure that appropriate follow-up action is taken.

228.7 EVALUATION REVIEW

After the supervisor finishes the discussion with the employee, the signed performance evaluation

is forwarded to the rater's supervisor (Chief Deputy). The Chief Deputy shall review the evaluation

for fairness, impartiality, uniformity, and consistency. The [Facility Manager] shall evaluate the

supervisor on the quality of ratings given.

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228.8 EVALUATION DISTRIBUTION

The original performance evaluation shall be maintained in the employee's personnel file in the

office of the Office for the tenure of the employee's employment.

A copy will be given to the employee and a copy will be forwarded to county Department of Human

Resources.

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Entertainment Devices / Personal Cell Phones

229.1 PURPOSE AND SCOPE

This purpose of this policy is to provide guidelines for the use or restriction of entertainment devices

and personal cell phones in Corrections Operations facilities.

229.2 DEFINITIONS

Definitions related to this policy include:

Entertainment / Personal Cellular Devices – Items that emit an audible or visual signal, display

a message, or otherwise summon the possessor, including but not limited to cellular telephones,

paging devices, electronic emailing devices, radios, tape players, CD players, DVD players, video

cameras, iPods or other MP3 type players, laser pointers, portable video game players, laptop

computers, tablet computers, personal digital assistants (PDAs), electronic digital book readers,

smart watch, and any device that provides or requires a connection to the internet or Wi-Fi.

229.3 ENTERTAINMENT DEVICES

(a) Electronic entertainment devices are prohibited in Corrections Operations facilities.

(b) Employees are prohibited from viewing movies, pictures, films, events, or other visual

entertainment, not specifically approved or distributed by the department, while on

duty.

(a) Facility Training Officers (FTOs) during the training phase, when performing

duties related to their training assignment (evaluations, tests, etc.), with the

express consent, in writing, of the on-duty Commander.

(b) Department issued equipment for use in Corrections.

(a) Any written exception shall be valid for a period not to exceed 30 days.

(b) The use of laptop computers by attorneys;

1. Attorney shall check in with the main Lobby when visiting inmates.

2. To bring in a cell phone or laptop, Attorneys shall

(a) Obtain written clearance from Sheriff’s Office personnel prior

to entering the facilities.

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(d) Powering off a device while in the prohibited areas is not an acceptable alternative

to this policy.

229.4 PERSONAL CELL PHONES

(a) Personal Cellular Devices are prohibited in Corrections Operations facilities, except

for storage in assigned employees’ weapon storage lockers and assigned employee

lockers.

(b) Personal Cellular Devices are allowed under the following conditions;

(a) Sergeants and above are permitted to have Personal Cellular Devices. Caution

should be used in their use and restricted to work related business while in a

secured area of the Jail.

(b) When specifically approved, in writing, by the Jail Commander and Captain.

(a) Any written exception shall be valid for a period not to exceed 30 days.

may be exempt.

(d) Certain specialty assignments may be approved on a case by case basis by the

Jail Commander and Captain.

(e) During authorized breaks, cell phones may be accessed and used by employees

in the assigned locker room.

(f) The use of personal cellular telephones by attorneys;

(a) Attorney shall check in with the main Lobby when visiting inmates.

(b) To bring in a cell phone or laptop, attorneys shall;

(a) Obtain written clearance from Sheriff’s Office personnel prior to

entering the facilities.

to this policy.

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Chapter 3 - Recruitment Selection and Planning

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Employee Orientation

300.1 PURPOSE AND SCOPE

The purpose of this policy is to define the parameters for new employee orientation. The purpose

of the orientation is to provide new employees with basic information about the facility and the

environment in which they will be working. Orientation is not meant to supplant other basic training

required by law, ordinance or regulations.

300.2 NEW EMPLOYEE ORIENTATION

Each new facility employee shall receive an orientation prior to assuming his/her duties. At a

minimum, the orientation shall include:

• Working conditions

• Code of ethics

• Personnel policy manual

• Employee rights and responsibilities

• Overview of the criminal justice system

• Tour of the facility

• Facility goals and objectives

• Facility organization

• Staff rules and regulations

• Program overview

300.3 EMPLOYEE ACKNOWLEDGEMENTS

Office personnel assigned to provide the new employee orientation will ensure that each new

employee is given copies of work rules and regulations, office ethics, and any other office

documents, for which the employee will be held accountable.

A staff member will collect a signature page from the employee, acknowledging receipt, review and

understanding of the documents. A copy of the signature page shall be retained in the employee's

personnel file in accordance with established records retention schedules.

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Continuing Professional Education

301.1 PURPOSE AND SCOPE

This policy is designed to support the ongoing professional education of office personnel at all

levels. Continuing professional education provides a broad view of the world and by extension

enhances the understanding of the correctional mission as it applies to the Office and the

community.

301.1.1 PHILOSOPHY

The Office seeks to encourage continuing education whenever practical. All continuing education

programs will be within the framework of negotiated employee agreements and the availability

of funds to provide ongoing efforts for self improvement. The Office encourages all personnel to

participate in formal education on a continuing basis.

301.2 OBJECTIVES

Training involves activities whereby deputies, professional staff, support and contractor personnel

learn and demonstrate an understanding of the specific job skills required for each position.

Individuals who engage in furthering their education in conjunction with skills-based training make

for well-rounded employees who can better serve the mission of the Office and the community.

Supervisors should accommodate, to the extent feasible and schedules permitting, requests by

personnel for shift adjustments and available leave time to assist personnel with their continuing

education efforts.

301.3 REQUIRED TRAINING

With the exception of the year that the staff member is enrolled in a core training module, all staff

members shall complete the annual required training specified in Section 184 of Title 15 CCR

(15 CCR 1025).

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Training for Managers and Supervisors

302.1 PURPOSE AND SCOPE

This policy establishes training requirements and guidelines for supervisory and management

staff, and encourages all personnel to participate in basic and continuing professional training.

302.2 POLICY

It is the policy of this office to administer a training program that provides for the professional

growth and continued development of its personnel in accordance with all laws, ordinances and

regulations. All training is provided with the intent to improve the competency of staff within the

confines of funding, the requirements of a given assignment, staffing levels and legal mandates

(15 CCR 1021; 15 CCR 1023).

302.3 TRAINING OBJECTIVES

The objectives of the training program are to accomplish the following:

(a) Improve the competency of staff at all levels.

(b) Ensure that staff can carry out the mission of the Office through a thoroughly

demonstrated knowledge of office policies and procedures.

(d) Provide for continued professional development of office personnel.

302.4 TRAINING FOR NEW MANAGERS AND SUPERVISORS

All Chief Deputys and supervisors (full- or part-time) are required to have 80 hours of management

and supervision training as specified by the Commission on Peace Officer Standards and Training

(POST) or the Standards and Training for Corrections Program (STC) within the first year of

their appointment. Supervisors and managers shall thereafter receive a minimum of 24 hours of

refresher training annually related to facility management and supervision (15 CCR 1021; 15 CCR

1023; 15 CCR 1025).

302.4.1 SUPERVISORY TRAINING

All supervisory personnel shall have completed core training as specified in the Training Policy,

prior to assuming supervisory responsibilities (15 CCR 1021).

302.5 TRAINING RECORDS

The Office shall use training courses certified by a competent government or standards-setting

organization whenever practicable. All training should include testing to identify and document the

employee’s knowledge of the subject matter.

It shall be the responsibility of the Training Sergeant to ensure that the following is maintained on

file for all training provided by the Office:

•

The course outline or lesson plan

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•

A roster signed and dated by those in attendance

•

The name of the person coordinating the training

It shall be the responsibility of the involved employee to provide his/her immediate supervisor or

the Training Sergeant with evidence of completed training or education in a timely manner. The

Training Sergeant shall ensure that copies of such training records are placed in the employee’s

training file and retained in accordance with established records retention schedules.

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Facility Training Officer Program

303.1 PURPOSE AND SCOPE

The jail training officer program is intended to provide a standardized program to facilitate the

deputy's transition from the academic setting to the actual performance of general corrections

duties.

It is the policy of this office to assign all new deputies to a structured jail training officer program

that is designed to prepare the new deputy to perform in a custody assignment, and to provide

training on all skills needed to operate in a safe, productive and professional manner.

303.2 TRAINING OFFICER

The Facility Training Officer (TO) is an experienced deputy trained in the art and science of

supervising, training and evaluating entry-level deputies in the application of their previously

acquired knowledge and skills.

303.2.1 SELECTION PROCESS

Training officers will be selected based on certain requirements, including:

(a) A desire to perform the training mission.

(b) A minimum of one year as a deputy.

(d) Successfully passed an internal selection process.

(e) Evaluation by supervisors..

(f) A certificate from the state's law enforcement certifying agency, where applicable.

303.2.2 TRAINING

All FTOs shall successfully complete a 40-hour course of instruction prior to being assigned a

trainee.

All FTOs must complete a 24-hour update course every three years while assigned to the position

of FTO.

303.3 TRAINING OFFICER RESPONSIBILITIES

(a) FTOs shall complete and submit a written evaluation on the performance of their

assigned trainee to the FTO's immediate supervisor on a daily basis.

(b) FTOs shall review the performance evaluations with the trainee each day.

completed by the FTO at the end of each phase of training.

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(d) FTOs shall be responsible for signing off all completed topics contained in the

Training Manual, noting the methods of learning and evaluating the performance of

the assigned trainee.

303.4 TRAINING OFFICER PROGRAM SUPERVISOR

The supervisor will be selected from the rank of sergeant or above by the Chief Deputy or the

authorized designee and shall possess supervisory credentials from the state's law enforcement

certifying agency, where applicable. The supervisor's responsibilities include the following:

(a) Assignment of trainees to FTOs.

(b) Conduct FTO meetings.

manner.

(d) Maintain, update and issue the training manual to each trainee.

(e) Monitor individual FTO performance.

(f) Monitor the overall FTO program.

(g) Develop ongoing training for FTOs.

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Training

304.1 PURPOSE AND SCOPE

It is the policy of this office to assign all new deputies to a structured jail training program designed

to prepare the new deputy to perform in a correctional assignment with the skills needed to operate

in a safe, productive and professional manner.

304.2 MINIMUM TRAINING REQUIREMENTS

All deputies, full- or part-time, shall successfully complete the Adult Corrections Officer Core

Course as described in 15 CCR 179 within one year from the date of assignment (15 CCR

1020(a)).

Custodial personnel who have successfully completed the course of instruction required by Penal

Code § 832.3 shall successfully complete the Corrections Officer Basic Academy Supplemental

Core Course as described in 15 CCR 180, within one year of the date of assignment (15 CCR

1020(b)).

Individuals assigned to work in the facility prior to completing the required training may do so only

when under the direct supervision of a fully trained deputy.

Transfer courses may be utilized to meet Adult Corrections Officer Core Course requirements

when the member has had the relevant probation or juvenile corrections training (15 CCR 179.1;

15 CCR 179.2).

304.3 JAIL TRAINING PROGRAM PHASES

The jail training program is designed to build upon the conceptual foundation taught in the basic

academy, whereupon the theoretical knowledge gained in the academy can be molded into a

practical skill set. The jail training program consists of the five phases described below.

304.3.1 FIRST PHASE - FACILITY ORIENTATION

The trainee will be assigned to a jail Training Officer (TO) to whom the trainee is assigned. The

TO will, at a minimum:

(a) Brief the trainee on the purpose, scope and responsibilities expected during the

training program.

(b) Explain the evaluation system and acquaint the trainee with the rating forms that will

be used.

(d) Tour the entire facility and support services with the trainee.

(e) Introduce the trainee to the Chief Deputy and key supervisory, administrative and

support personnel.

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304.3.2 SECOND PHASE - SHADOWING

In this phase the trainee will be exposed to the many duties at each post, including transportation

and special functions, by observing the TO demonstrate how each task is to be performed. The

TO should provide instruction to the trainee and encourage the trainee to ask questions.

Time should be made available during this phase to allow the trainee to study policies and

procedures, directives, post orders and any other materials deemed necessary by the TO.

The TO will monitor the trainee’s progress by asking questions and administering tests on the

materials and demonstrations that have been provided to the trainee.

The work performance of the trainee will be evaluated and recorded daily by the TO. Areas of

deficiency will be discussed and remedial training provided if deemed necessary by the TO.

304.3.3 THIRD PHASE - HANDS-ON WITH CLOSE SUPERVISION

During this phase the TO will instruct the trainee in each required activity at each post, including

transportation and special functions. Once each task is demonstrated, the trainee will be directed

to perform each activity under the close supervision of the TO.

The TO will provide direction as needed to the trainee during the hands-on activities.

The work performance of the trainee will be evaluated and recorded daily by the TO. Areas of

deficiency will be discussed and remedial training provided if deemed necessary by the TO.

304.3.4 FOURTH PHASE - SOLO WITH MONITORING

During this phase the trainee will be directed to work solo in each area that training has been

provided.

The solo activities of the trainee will be monitored by the TO and a supervisor.

The work performance of the trainee will be evaluated and recorded by the TO. Areas of deficiency

will be discussed and remedial training provided if deemed necessary by the TO.

304.3.5 FIFTH PHASE - WORKING INDEPENDENTLY WITH SUPERVISION

Provided that there are no concerns about the trainee’s ability, the trainee will be assigned to a

shift and will be supervised regularly by the supervisor.

The supervisor, in consultation with the TO and the Chief Deputy, will make a recommendation to

pass the trainee on to his/her assignment, to continue training or will recommend termination.

304.4 PROBATIONARY PERIOD EVALUATION

Probationary employees will receive a written evaluation of their job skills and learning progress

six months into their probationary period. Prior to being permanently appointed, each probationary

employee will receive a final evaluation. These evaluations shall be in writing and discussed with

the employee by his/her supervisor. The final evaluation shall be made a part of the employee's

personnel record.

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Specialized Training

305.1 PURPOSE AND SCOPE

Deputies who are assigned to specialized response units will receive training commensurate with

the complexity of their specialty and must be able to demonstrate proficiency in the specific skills

related to their specialized function.

305.2 QUALIFICATIONS

To be eligible for assignment to a specialized emergency unit, deputies are required to be off

probation and to have at least three years of experience as a deputy.

305.3 TRAINING

The Training Sergeant is responsible for ensuring that all personnel who are assigned to a

specialized emergency unit will receive not less than 16 hours of specialized training as specified

above or as a part of their annual training requirement.

The Office will use courses certified by a competent government or standards-setting organization

whenever practicable. All training should include testing to identify and document the employee's

knowledge in the subject matter presented.

It shall be the responsibility of the employee to provide the Training Sergeant or immediate

supervisor with evidence of completed training and education in a timely manner. The Training

Sergeant or supervisor shall ensure that copies of training records are placed in the employee's

training file.

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Chemical Agents

306.1 PURPOSE AND SCOPE

This policy establishes the required training for members to be authorized to carry and use

chemical agents.

306.2 POLICY

The Office authorizes the use of selected chemical agents. Chemical agents are weapons used

to minimize the potential for injury to members, inmates and others. Chemical agents should only

be used in situations where such force reasonably appears justified and necessary.

306.3 CHEMICAL AGENT TRAINING

Only members trained and having shown adequate proficiency in the use of any chemical agent

and the Use of Force Policy are authorized to carry the device.

(a) The Training Sergeant shall ensure that appropriate training for all chemical agents

occurs annually at a minimum.

(b) All initial and proficiency training for chemical agents will be documented in the

member’s training file.

knowledge of the Use of Force Policy will lose their authorization to carry or use the

devices and will be provided remedial training. If, after two remedial training sessions,

a member fails to demonstrate proficiency with chemical agents or knowledge of the

Use of Force Policy, the member may be subject to discipline.

(d) The Training Sergeant shall be responsible for ensuring that all personnel who are

authorized to use chemical agents have also been trained in the proper medical

treatment of persons who have been affected by the use of chemical agents. Training

should include the initial treatment (e.g., providing the proper solution to cleanse the

affected area) and knowing when to summon medical personnel for more severe

effects.

306.4 PROFICIENCY TESTING

The Training Sergeant shall ensure that all training delivered to staff should also test proficiency in

order to document that the member understands the subject matter, and that proficiency training

is monitored and documented by a certified weapons or tactical instructor.

306.5 TRAINING RECORDS

It shall be the responsibility of the Training Sergeant to ensure that the following is maintained on

file for all training provided by the Office:

•

A course outline or lesson plan

•

A roster signed and dated by those in attendance

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•

The name of the person coordinating the training

The Training Sergeant shall ensure that copies of such training records are placed in the member’s

training file and retained in accordance with established records retention schedules.

306.6 REVIEW, INSPECTION AND APPROVAL

Every chemical agent delivery device will be periodically inspected by the Rangemaster or the

designated instructor for a particular device.

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Prison Rape Elimination Act Training

307.1 PURPOSE AND SCOPE

This policy establishes an education and training process related to implementation of the Prison

Rape Elimination Act of 2003 (PREA) and the implementing regulation (PREA Rule) (28 CFR

115.5 et seq.).

307.2 POLICY

The Monterey County Sheriff's Office endeavors to comply with the training standards in the PREA

Rule and to ensure that all staff, volunteers and contractors are aware of their responsibilities and

that staff, volunteers, contractors and inmates are aware of the policies and procedures of the

facility as they relate to PREA.

307.3 MEMBER TRAINING

All staff, volunteers and contractors who may have contact with inmates shall receive office-

approved training on the prevention and detection of sexual abuse and sexual harassment

within this facility. The Training Sergeant shall ensure that the staff receives training and testing

in prevention and intervention techniques, that they have sufficient knowledge to answer any

questions the arrestees and inmates may have regarding sexual assault or abuse, and that they

are familiar enough with the reporting process to take an initial report of a sexual assault or abuse.

The Training Sergeant shall be responsible for developing and administering this training, covering

at minimum (28 CFR 115.31; 28 CFR 115.32):

(a)

The zero-tolerance policy for sexual abuse and sexual harassment and how to report

such incidents.

(b)

The dynamics of sexual abuse and sexual harassment in confinement.

(d) Prevention and intervention techniques to avoid sexual abuse and sexual harassment

in the jail.

(e) Procedures for the investigation of a report of sexual abuse and/or sexual harassment.

(f) Individual responsibilities under sexual abuse and sexual harassment prevention,

detection, reporting and response policies and procedures.

(g) An individual’s right to be free from sexual abuse and sexual harassment.

(h) The right of inmates to be free from retaliation for reporting sexual abuse and sexual

harassment.

(i) How to detect and respond to signs of threatened and actual sexual abuse.

(j) How to communicate effectively and professionally with inmates, including lesbian,

gay, bisexual, transgender, intersex or gender non-conforming inmates.

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(k) How to comply with relevant laws related to mandatory reporting of sexual abuse and

sexual harassment to outside authorities.

(l) How to avoid inappropriate relationships with inmates.

Training shall be tailored according to the sex of the inmates at the facility. Staff should receive

additional training on security measures and the separation of male and female populations in

the same facility if inmates have been reassigned from a facility that houses only male or female

inmates.

Training should include written testing to validate knowledge and understanding of the material.

The Training Sergeant shall document, through signature or electronic verification, that staff,

volunteers and contractors have received and understand the training. The Professional

Standards Bureau will maintain training records on all those receiving training in accordance with

procedures developed by the Training Sergeant.

The Training Sergeant shall ensure that members undergo annual refresher training that covers

the office’s sexual abuse and sexual harassment policies and related procedures (28 CFR 115.31)

307.4 SPECIALIZED MEDICAL TRAINING

All full- and part-time qualified health care and mental health professionals who work regularly in

the facility shall receive all of the member training listed above, as well as training that includes

(28 CFR 115.35):

(a) Detecting and assessing signs of sexual abuse and sexual harassment.

(b) Preserving physical evidence of sexual abuse.

harassment.

(d) Reporting allegations or suspicions of sexual abuse and sexual harassment.

If the qualified health care and mental health professionals employed by this facility conduct

forensic examinations, they shall receive the appropriate training to conduct such examinations.

The Training Sergeant shall maintain documentation that the facility’s health care and mental

health professionals have received the training referenced above, either from this office or

elsewhere.

307.5 SPECIALIZED INVESTIGATIVE TRAINING

Specialized investigative training for investigators shall include the uniform evidence protocol to

maximize potential for obtaining useable physical evidence; techniques for interviewing sexual

abuse victims; proper use of Miranda and Garrity warnings; sexual abuse evidence collection

in confinement settings; and the criteria and evidence required to substantiate a case for

administrative action or referral for prosecution (28 CFR 115.21; 28 CFR 115.34).

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Health Care Staff Orientation

308.1 PURPOSE AND SCOPE

The purpose of this policy is to establish an orientation period for all new health care staff working

in the facility, in cooperation with the health authority. The goal is to improve the competency of

the health care staff and the effectiveness of the care delivered, as well as to maintain the safety

and security of the custody environment and to comply with all applicable laws, regulations and

national health care standards observed by the Office.

308.2 NEW HEALTH CARE STAFF ORIENTATION

All new health care staff shall complete an orientation program before independently working in

their assignments. At a minimum, the orientation program will cover the following:

(a) The purpose, goals, policies and procedures for the Monterey County Sheriff's Office

(b) Security and contraband regulations

(d) Appropriate conduct with inmates

(e) Responsibilities and rights of facility employees and contractors

(f) Universal and standard precautions

(g) Occupational exposure

(h) Personal protective equipment (PPE)

(i) Biohazardous waste disposal

(j) An overview of the correctional field as it relates to custody functions

(k) Health care delivery protocols

308.3 HEALTH CARE STAFF REFRESHER TRAINING

All health care staff shall meet refresher-training requirements as established by the local public

health entity or their minimum licensing requirements as established by the state licensing body.

308.4 FACILITY-SPECIFIC TRAINING

The Training Sergeant should include these staff members in training and training exercises

relative to facility safety and security including, but not limited to, the following:

• Emergency medical triage in the facility

• Emergency evacuation routes and procedures

• Communication systems during facility emergencies

• Security during facility emergencies

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• Qualified health care professional response during "officer down" incidents

• Responding to critical facility emergencies

• Facility hostage policy and medical response tactics

• Medical emergency transportation procedures

• Media relations

308.5 TESTING

All training delivered to qualified health care professionals should include a testing component to

document that the employees understand the subject material.

308.6 TRAINING RECORDS

The Training Sergeant, in coordination with the Responsible Physician, shall be responsible for

developing and maintaining training records in accordance with established records retention

schedules. The Training Sergeant shall also maintain a file of professional licensure and

certifications for each member of the health care staff.

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Volunteer Program

309.1 PURPOSE AND SCOPE

It is the policy of this office to use qualified volunteers to assist in the daily operation through their

contribution of services to the inmates and the families of inmates, and to serve as a link between

the facility and the community. Volunteers are intended to supplement and support, rather than

supplant, deputies and other personnel. Volunteers can be an important part of any organization

and are proven to be a valuable asset to corrections institutions.

309.1.1 DEFINITION OF VOLUNTEER

An individual who performs a service for the Office without promise, expectation or receipt of

compensation for services rendered. This may include unpaid chaplains, unpaid reserve deputies,

interns and persons providing administrative support.

309.2 VOLUNTEER PROGRAM MANAGEMENT

309.2.1 PROGRAM COORDINATOR

The program coordinator shall be appointed by the Chief Deputy. The function of the program

coordinator is to provide a central coordinating point for effective program management within the

Office, and to direct and assist staff and volunteer efforts to provide more productive services.

The program coordinator should work with other Office staff on an ongoing basis to assist in the

development and implementation of volunteer positions.

The program coordinator or the authorized designee shall be responsible for:

(a) Developing and maintaining a volunteer recruiting plan.

(b) Developing and maintaining a handbook that minimally identifies expectations and

the lines of authority, responsibility and accountability for the various volunteer

assignments.

(d) Facilitating the implementation of new volunteer activities and assignments.

(e) Maintaining records for each volunteer.

(f) Tracking and evaluating the contribution of volunteers.

(g) Maintaining a record of volunteer schedules and work hours.

(h) Completion and dissemination as appropriate of all necessary paperwork and

information.

(i) Planning periodic recognition events.

(j) Administering discipline when warranted.

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(k) Maintaining liaison with other community programs that use volunteers and assisting

in community efforts to recognize and promote volunteering.

309.2.2 RECRUITMENT

Volunteers should be recruited on a continuous and ongoing basis in accordance with office policy

on equal opportunity non-discriminatory employment. A primary qualification for participation

should be an interest in, and an ability to assist the Office in serving the public.

Requests for volunteers should be submitted in writing by interested staff to the program

coordinator through the requester’s immediate supervisor. A complete position description,

including when the volunteer would be needed, should be included in the request. All parties

should understand that the recruitment of volunteers is enhanced by creative and interesting

assignments. The program coordinator may withhold assignment of any volunteer until such time

as the requesting unit is prepared to make effective use of volunteer resources.

309.2.3 SCREENING

All prospective volunteers should complete the volunteer application form. The program

coordinator or the authorized designee should conduct a face-to-face interview with an applicant

under consideration.

A documented background investigation shall be completed on each volunteer applicant and shall

include, but not necessarily be limited to, the following:

(a) Traffic and criminal background check; fingerprints shall be obtained from applicants

and processed through the Criminal Information Index (CII).

(b) Employment

(d) Credit check

A polygraph exam may be required of each applicant depending on the type of assignment.

309.2.4 SELECTION AND PLACEMENT

Service as a volunteer with the Office shall begin with an official notice of acceptance or

appointment to a volunteer position. Notice may only be given by an authorized representative

of the Office, normally the program coordinator. No volunteer should begin any assignment until

he/she has been officially accepted for the position. Each volunteer should complete all required

enrollment paperwork and will receive a copy of his/her position description and agreement of

service with the Office.

Volunteers should be placed only in assignments or programs that are consistent with their

knowledge, skills, abilities and the needs of the facility.

309.2.5 TRAINING

The program coordinator or the authorized designee shall be responsible for developing and

maintaining training curriculum and any related forms specific to volunteer assignments.

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The program coordinator or the authorized designee shall be responsible for ensuring that

volunteers are provided with an orientation program to acquaint them with the Office, personnel,

and policies and procedures that have a direct impact on their work assignment. The training/

orientation will include, but not be limited to, the following topics:

(a) Office policies and procedures

(b) Rules related to contraband in the facility

(d) Volunteer/offender relationship and general rules of conduct

(e) Safety and emergency information

(f) An overview and history of the Office

The program coordinator shall be responsible for creating and maintaining records of all training

provided to each volunteer.

Volunteers should receive position training by their immediate supervisor to ensure they have

adequate knowledge and skills to complete tasks required by the position. They should receive

periodic ongoing training as deemed appropriate by their supervisor or the coordinator.

Training should reinforce to volunteers that they may not intentionally represent themselves as,

or by omission infer, that they are sworn deputies or other full-time members or employees of the

Office. They shall always represent themselves as volunteers.

All volunteers shall comply with the rules of conduct and with all orders and directives, either oral

or written, issued by the Office.

309.2.6 FITNESS FOR DUTY

No volunteer shall report to work or be on-duty when his/her mental or physical condition has

been impaired by alcohol, medication or other substances, or when the volunteer is experiencing

illness or injury.

Volunteers shall report to their supervisor any changes in status that may affect their ability to fulfill

their duties. This includes, but is not limited to, the following:

(a) Driver's license status, if driving is part of the duties of the assignment

(b) Any medical condition that might impair the volunteer’s ability to perform the duties

of the position

(d) Criminal investigations

All volunteers shall adhere to the guidelines set forth by this office regarding drug and alcohol use.

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309.2.7 DRESS CODE

As representatives of the Office, volunteers should present a professional image to the community.

Volunteers shall dress appropriately for the conditions and performance of their duties.

Volunteers shall conform to office-approved dress in accordance with their duty assignment.

Uniforms authorized for volunteers should be readily distinguishable from those worn by deputies.

The uniform or identifiable parts of the uniform shall not be worn while off-duty. However,

volunteers may choose to wear the uniform while in transit to or from official office assignments

or functions, provided an outer garment is worn over the uniform shirt to avoid bringing attention

to the volunteer while he/she is off-duty.

Volunteers shall be required to return any issued uniform or office property at the termination of

service.

309.3 SUPERVISION OF VOLUNTEERS

Each volunteer who is accepted to a position with the Office and assigned to the jail must

have a clearly identified supervisor who is responsible for direct management of that volunteer.

This supervisor will be responsible for day-to-day management and guidance of the work of the

volunteer and should be available to the volunteer for consultation and assistance.

A volunteer may be assigned and act as a supervisor of other volunteers, provided that the

supervising volunteer is under the direct supervision of a paid staff member.

Functional supervision of volunteers is the responsibility of the supervisor in charge of the unit

where the volunteer is assigned. The following are some considerations to keep in mind while

supervising volunteers:

(a) Take the time to introduce volunteers to employees on all levels.

(b) Ensure volunteers have work space and necessary office supplies.

that will tap these valuable resources.

309.4 HEALTH CARE VOLUNTEERS

The program coordinator will coordinate volunteer activities with the qualified health care

professionals. Health care volunteers will be subject to all of the volunteer, recruitment, selection

and training requirements of the Office. The qualified health care professionals may have

additional requirements and training for health care volunteers.

The program coordinator shall ensure that any volunteer performing health care duties

possesses the appropriate credentials and training, in coordination with the qualified health

care professionals, and shall ensure that signed agreement forms pertaining to the security and

confidentiality of information are on file with the Office.

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The program coordinator shall also ensure that volunteers performing health care duties have

received specific training in topics that including fire, safety, security, contraband and inmate

culture.

309.5 CONFIDENTIALITY

With appropriate security clearance, volunteers may have access to confidential information, such

as criminal histories or investigative files. Unless otherwise directed by a supervisor or office policy,

all information shall be considered confidential. Only that information specifically identified and

approved by authorized personnel shall be released. Confidential information shall be given only

to persons who have a need and a right to know, as determined by office policy and supervisory

personnel.

Each volunteer will be required to sign a nondisclosure agreement before being given an

assignment with the Office. Subsequent unauthorized disclosure of any confidential information,

verbally, in writing or by any other means, by the volunteer is grounds for immediate dismissal

and possible criminal prosecution.

Volunteers shall not address public gatherings, appear on radio or television, prepare any article

for publication, act as correspondents to a newspaper or other periodical, release or divulge any

information concerning the activities of the Office, or maintain that they represent the Office in

such matters without permission from the proper office personnel.

309.6 PROPERTY AND EQUIPMENT

Volunteers will be issued an identification card that must be worn at all times while on-duty.

Any fixed and portable equipment issued by the Office shall be for official and authorized use only.

Any property or equipment issued to a volunteer shall remain the property of the Office and shall

be returned at the termination of service.

309.6.1 VEHICLE USE

Volunteers assigned to duties that require the use of a vehicle must first complete:

(a)

A safety briefing and office-approved driver-safety course.

(b)

Verification that the volunteer possesses a valid driver’s license.

(c)

Verification that the volunteer carries current vehicle insurance.

The program coordinator should ensure that all volunteers receive safety briefing updates, and

should verify their license and insurance at least once a year.

When operating any office vehicle, volunteers shall obey all rules of the road, including seat belt

requirements. Smoking is prohibited in all office vehicles.

309.6.2 TELECOMMUNICATION SYSTEMS USAGE

Volunteers with access to law enforcement telecommunication systems shall successfully

complete all mandated access training and radio procedures training prior to using any such

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equipment. Volunteers shall comply with all policies and procedures related to the use of such

equipment. The program coordinator should ensure that appropriate training is provided for

volunteers whenever necessary.

309.7 DISCIPLINARY PROCEDURES/TERMINATION

A volunteer may be removed from the volunteer program at the discretion of the Sheriff, Chief

Deputy or the program coordinator. Volunteers shall have no property interests in their continued

appointment.

Volunteers may resign from volunteer service with the Office at any time. It is requested that

volunteers who intend to resign provide advance notice of their departure and a reason for their

decision.

309.7.1 EXIT INTERVIEWS

Exit interviews, when practicable, should be conducted with volunteers who are leaving their

positions. The interview should attempt to ascertain the reason for leaving the position and solicit

the volunteer’s suggestions on improving the position. When appropriate, the interview should

also include a discussion on the possibility of involvement in some other capacity with the Office.

309.8 EVALUATION

An evaluation of the overall volunteer program will be conducted on an annual basis by the

program coordinator. Regular evaluations should be conducted with volunteers to ensure the best

use of human resources, to ensure personnel problems can be identified and dealt with promptly

and fairly, and to ensure optimum satisfaction on the part of volunteers.

309.9 VOLUNTEER REGISTRATION

All volunteers shall be registered with the Office for insurance purposes, and each volunteer

shall be issued an identification card. The facility shall maintain an identification record for each

volunteer that includes a photograph, home address, current telephone numbers, background

certification, training/orientation certifications, and list of special skills, languages spoken or

volunteer specialty.

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Briefing Training

310.1 PURPOSE AND SCOPE

Briefing training is generally conducted at the beginning of the deputy's assigned shift. Briefing

training provides an opportunity for an important exchange of information between employees

and supervisors.

310.2 POLICY

Briefing training covers a wide range of topics selected by the management/supervisory and

training staff.

The supervisor conducting briefing training is responsible for the preparation of the materials

necessary for constructive training. Supervisors may delegate this responsibility to a subordinate

deputy in their absence or for training purposes. The briefing training will be based upon a

structured program to provide topics related to, but not limited to, the following:

• Custody facility policies and procedures

• Office General Orders not yet established into policy

• Reviewing recent incidents for training purposes

• In preparation or response to an unusual occurrence

• Statutory requirements or court orders

• Operation of new equipment, including computer software

• Notifying the staff of changes in schedules and assignments

• Any other topic as determined by the Sheriff or Chief Deputy

310.3 COMPUTER-BASED TRAINING OPTIONS

The Lexipol Daily Training Bulletins (DTBs) is a web-based system that provides training on

the Monterey County Sheriff's Office Custody Manual and other important topics. Generally, one

training bulletin is available for each day of the month. However, the number of DTBs may be

adjusted by the Training Sergeant.

Personnel assigned to participate in DTBs should only use the password and login name assigned

to them by the Training Sergeant. Personnel should not share their password with others and

should frequently change their password to protect the security of the system. After each session,

employees should logoff the system to prevent unauthorized access. The content of the DTBs is

copyrighted material and shall not be shared with others outside of the Office.

Employees who are assigned to participate in the DTB program should complete each DTB at the

beginning of their shift or as otherwise directed by their supervisor. Employees should not allow

uncompleted DTBs to build up over time. Personnel may be required to complete DTBs missed

during extended absences (e.g., vacation, medical leave) upon returning to duty. Although the

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DTB system can be accessed from any Internet-active computer, employees shall only take DTBs

as part of their on-duty assignment as there will be no authorization for taking or viewing DTBs

while off-duty.

Supervisors will be responsible for monitoring the progress of personnel under their command to

ensure compliance with this policy.

310.4 TRAINING RECORDS

The Training Sergeant will assist the Shift Commanders with identifying relevant topics for delivery

during briefing training and will be responsible for maintaining all briefing training records.

Policy

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Training Plan

311.1 PURPOSE AND SCOPE

The purpose of this policy is to establish a training plan that will provide for the professional

growth and continued development of facility personnel and to forecast annual funding needs for

future training. By doing so, the Office will ensure its personnel possess the knowledge and skills

necessary to professionally manage the inmate population.

311.2 POLICY

The Training Sergeant shall conduct an annual training needs assessment to determine the

training needs of all employees based upon state laws, regulations, certification requirements and

continued professional training requirements.

A training plan shall be based on the assessment. It is the responsibility of the Training Sergeant

to develop, maintain, review and update the training plan on an annual basis.

The annual training plan should be presented to the management staff for review. The approved

training plan should include the annual funding requirements forecast by the Training Sergeant.

The Training Sergeant shall coordinate with the budgeting office to develop a funding source for

all mandatory training.

The Sheriff or the authorized designee shall have final approval of the training plan and the budget

to ensure that the training to be delivered is fiscally responsible and meets the mission of the

Office.

The Training Sergeant will execute the training plan on behalf of the Sheriff.

311.3 TRAINING SERGEANT

A qualified individual shall be appointed by the Sheriff or the authorized designee to serve as the

Training Sergeant, who shall report to the Sheriff or the authorized designee.

Full-time employees who are assigned to be trainers shall receive specialized instruction, which

at a minimum shall include a 40-hour train-the-trainers course.

The Training Sergeant is responsible for developing an annual training plan. The plan should

ensure that employees meet all state law and certification requirements, any specialty training

required for specialty assignments, and all continued professional training requirements. The

plan should include a process to review course content and quality, typically by way of attendee

feedback and/or a course audit by the training staff.

311.4 TRAINING RECORDS

An individual training file shall be maintained by the Training Sergeant or the authorized designee

for each employee. Training files shall contain records of all training and education (original

or photocopies of available certificates, transcripts, diplomas and other documentation) for all

employees.

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The maintenance of the training records shall be in sufficient detail as to comply with any outside

audit requirements (28 CFR 115.34).

Whenever an employee obtains training that is not provided by this office, it shall be the

responsibility of the employee to provide his/her immediate supervisor or the Training Sergeant

evidence of completed training or education in a timely manner.

The Training Sergeant or supervisor shall ensure that copies of such training records are placed

in the employee’s training file.

Training records shall contain the following information:

•

Name of the employee

•

Date of hire

•

Education and training background (education and training received prior to hire)

•

Type of training received

•

Date the training was received and successfully completed

•

Title of the training and name of the provider

•

Test scores or training benchmarks

The Training Sergeant shall also be responsible for documenting the waivers of the training

requirements based upon equivalent training received before employment or demonstrated

competency through proficiency testing.

311.5 COURSE CERTIFICATION/QUALITY ASSURANCE

Training courses should be subject to a quality assurance process that, at minimum, provides:

• A complete description of the course, including the number of certified training hours

achieved.

• A curriculum including job-related topics, and content and performance objectives.

Training should not be comprised only of the minimum number of hours required annually but also

of instruction specific to tasks performed by employees in the facility. Courses should include a

testing component that shows a measurable transfer of knowledge and a mastery of topics.

311.6 TRAINING PROCEDURES

(a) All employees assigned to attend training shall attend as scheduled, unless previously

excused by their immediate supervisor or the Training Sergeant. Excused absences

from mandatory training should be limited to the following:

1. Court appearances

2. Authorized vacation

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3. Sick leave

4. Physical limitations preventing the employee's participation

5. Emergency situations

(b) When an employee is unable to attend mandatory training, that employee shall:

1. Notify his/her supervisor as soon as possible but no later than one hour prior

to the start of training.

2. Document his/her absence in a memorandum to the supervisor.

3. Make arrangements through the supervisor and the Training Sergeant to attend

the required training on an alternate date.

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Support Personnel Training

312.1 PURPOSE AND SCOPE

The Office has developed a training program for professional support and contractor personnel,

whether full- or part-time, to increase competency in their assigned tasks and to help ensure that

all support personnel understand the issues that are unique to their position as it relates to this

facility. This policy establishes minimum training guidelines for those employees and contractors.

312.2 TRAINING SERGEANT RESPONSIBILITIES

The Training Sergeant is responsible for coordinating training and will ensure that the training and

orientation given to each general service or contract employee is properly documented and placed

in the worker's training file. At a minimum the record should contain the name of the individual, the

assignment, the date the orientation was presented, the orientation outline indicating the subject

material and the name of the instructor. To the extent applicable, copies of tests and passing

scores should also be included as a part of the record.

312.3 PART-TIME PERSONNEL

General service personnel working part-time shall receive formal orientation and training

commensurate with the scope of their work assignments, as determined by the Chief Deputy,

before assignment to duties within the facility. At a minimum the orientation should cover

institutional rules, security and operational issues. General service and contract personnel who fail

to successfully complete all required training shall not be permitted to work in the secure portions

of the facility.

312.4 PERSONNEL WITH MINIMAL INMATE CONTACT

New professional support and contractor personnel who have minimal inmate contact will receive

a minimum of 16 hours of training during the first year of employment.

Minimal inmate contact is defined as tasks that do not involve the supervision of inmates, inmate

discipline or specific tasks that involve custody and control of inmates. Training topics shall include,

but not be limited to:

• Custody policies and procedures

• Emergency response procedures

• Job specific training

312.5 PERSONNEL WITH REGULAR INMATE CONTACT

All new professional and support employees, including contractors, who have regular or daily

inmate contact, shall receive a minimum of 40 hours of training during the first year of employment

prior to being independently assigned to a particular job function.

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Inmate contact is defined as tasks that involve the direct provision of services to inmates (e.g.

custody assistants, vocational supervisors, teachers, food service, commissary, chaplain) but

that do not involve the custodial supervision of inmates involving custody, discipline and control.

Training topics shall include, but not be limited to:

• Security procedures and regulations

• Planning

• Development and implementation of treatment and recreation programs

• Supervision of inmates

• Signs of suicide risk

• Suicide precautions

• Use of force regulations and tactics

• Report writing

• Inmate rules and regulations

• Key control

• Rights and responsibilities of inmates

• Safety procedures

• All emergency plans and procedures

• Interpersonal relations

• Social/cultural lifestyles of the inmate population

• Cultural diversity for understanding staff and inmates

• Communication skills

• Cardiopulmonary resuscitation (CPR/first aid)

• Universal precautions for the prevention of disease

• Counseling techniques

• Interaction of the elements of the criminal justice system

• Sexual harassment/sexual misconduct awareness

312.6 TESTING

All training delivered to support personnel should include testing to document that the employee

understands the subject material presented.

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Chapter 4 - Emergency Planning

Policy

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Facility Emergencies

400.1 PURPOSE AND SCOPE

The purpose of this policy is to establish a plan to appropriately respond to emergencies within the

facility and to ensure all affected personnel receive timely training regarding emergency response.

This policy is intended to protect the community, employees, visitors, inmates, and all others who

enter the jail, while allowing the facility to fulfill its primary purpose.

Facility emergencies related to fire will be addressed in the Fire Safety Policy.

400.2 POLICY

It is the policy of this office to have emergency response plans in place to quickly and effectively

respond to and minimize the severity of any emergency within the facility.

400.3 PROCEDURE

The Chief Deputy should develop, publish, and review emergency response plans that address

the following (15 CCR 1029(a)):

(a) Fires

(b) Escapes

(d) Taking of hostages

(e) Mass arrests

(f) Natural disasters

(g) Periodic testing of emergency equipment

(h) Storage, issue, and use of weapons, ammunition, chemical agents, and related

security devices

(i) Other emergencies as needs are identified

The facility emergency response plans are intended to provide the staff with current methods,

guidelines, and training for minimizing the number and severity of emergency events that may

threaten the security of the facility or compromise the safety of staff, inmates, or the community.

The emergency response plans are intended to provide information on specific assignments and

tasks for personnel. Where appropriate, the emergency response plans will include persons and

emergency departments to be notified.

The emergency response plans should include procedures for continuing to house inmates in the

facility; the identification of alternative facilities outside the boundaries of the disaster or threat and

the potential capacity of those facilities; inmate transportation options; and contact information for

allied agencies.

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The emergency response plans shall be made available to the staff, volunteers, and contractors

working in the facility as needed.

400.4 LOCKDOWN

Upon detecting any significant incident that threatens the security of the facility, such as a riot

or hostage situation, staff shall immediately notify Control and the Shift Commander. The Shift

Commander, or in his/her absence Control, may determine whether to order a partial or full

lockdown of the facility and shall notify the Chief Deputy as soon as practicable.

If a lockdown is ordered, all inmates will be directed back to their housing units/cells. All inmates

in transit within the facility will either be escorted back to their housing units/cells or to another

secure location (holding cell). The Shift Commander should instruct any staff not directly involved

in the lockdown to escort any visitors and nonessential contractors out of the facility.

A headcount shall be immediately conducted for all inmates, visitors, contractors, and staff. The

Shift Commander shall be immediately notified of the status of the headcount. If any person is

unaccounted for, the Shift Commander shall direct an immediate search of the facility and notify

the Chief Deputy of the situation as soon as practicable.

Lockdown is not to be used as a form of punishment. It may only be used to ensure order.

400.5 HUNGER STRIKE

Upon being made aware that one or more inmates is engaging in a hunger strike, the staff will

notify the Shift Commander, who will notify the Chief Deputy. The Chief Deputy should evaluate

the basis for the strike and seek an appropriate resolution.

Should the Chief Deputy be unable to resolve the grievance leading to the strike, the Chief Deputy

will notify the Sheriff and provide updates on the status of the hunger strike.

400.5.1 NOTIFICATION OF QUALIFIED HEALTH CARE PROFESSIONALS

The Chief Deputy or the authorized designee should notify the Responsible Physician to review,

coordinate, and document any medical actions taken, based upon protocols and/or at the direction

of qualified health care professionals, in response to a hunger strike.

Qualified health care professionals should monitor the health of inmates involved in the hunger

strike and make recommendations to the Chief Deputy or the supervisory staff responsible for

oversight of the incident.

If an inmate is engaging in a hunger strike due to a mental condition, the appropriate medical

protocols for mental illness will be followed.

400.5.2 RESPONSE TO HUNGER STRIKES

Beginning at the line staff level, a resolution to grievances should be sought at the lowest level.

The Inmate Grievances Policy shall guide staff on resolving inmate grievances.

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If the hunger strike remains unresolved, the Chief Deputy may direct the appropriate staff to

examine the inmate commissary purchases made in advance of the hunger strike, and to monitor

commissary purchases made during the hunger strike. Additional staff should be directed to

observe the cell area, including trash containers, of the inmates involved for evidence of food

items purchased from the commissary and of food hoarding.

400.5.3 LEGAL GUIDANCE

If all attempts to resolve the grievance are unsuccessful or not reasonably possible, the Sheriff

should consider consulting with legal resources or the health authority, as appropriate, to develop

other steps to resolve the issues.

400.6 RESPONSE TO DISTURBANCES

The staff should attempt to minimize the disruption to normal facility operations caused by a

disturbance by attempting to isolate the disturbance to the extent possible. The staff should

immediately notify the Shift Commander or the Chief Deputy of the incident. The Shift Commander

or Chief Deputy may direct additional staff as needed to resolve the disturbance (15 CCR 1029(a)

(7)(B)).

400.6.1 NOTIFICATIONS

The Shift Commander should notify the Chief Deputy of the disturbance as soon as practicable.

Based on the seriousness of the event, the Chief Deputy should notify the Sheriff.

400.6.2 NOTIFICATION OF QUALIFIED HEALTH CARE PROFESSIONALS

The Chief Deputy or the authorized designee should notify the appropriate qualified health care

professionals in order to review, coordinate, and document medical actions based upon protocols

and/or at the direction of the Responsible Physician.

400.6.3 REPORTING

The Shift Commander or Chief Deputy should direct that an incident report be completed

containing the details of the disturbance no later than the end of the shift. If appropriate, a crime

report shall be initiated and prosecution sought.

400.7 RIOTS

Riots occur when inmates forcibly and/or violently take control or attempt to take control of any

area within the confines of the jail.

Staff should make reasonable attempts to prevent inmate-on-inmate violence but should take

measures to avoid being engulfed in the problem, thereby exacerbating the situation.

400.7.1 RESPONSE TO RIOTS

Once the area of the disturbance is secured and isolated from other areas of the facility, time

is generally on the side of staff. If possible, the process of quelling the disturbance should slow

down in order for staff to develop response plans, to ensure there are adequate facility personnel

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to effectively take the required actions, and to ensure that responding staff are appropriately

equipped with protective gear.

Staff should evaluate their response given the totality of circumstances in any situation, but

generally should not enter the space where a riot is occurring until sufficient staff members are

present to safely suppress the riot. Nothing in this policy shall prohibit any staff member from

assisting staff members who are being assaulted.

All inmates who have participated in a riot shall be separated and secured as soon as practicable.

If necessary, injured inmates shall receive a medical evaluation and treatment. If the injured inmate

is medically cleared to remain in the jail, he/she will be reclassified and moved to appropriate

housing.

Other housing units must be secured, with sufficient staff remaining at their posts to continue

to supervise the unaffected units. When the riot has been suppressed, all involved staff must

immediately return to their assigned posts.

400.7.2 QUALIFIED HEALTH CARE PROFESSIONALS RESPONSE

A supervisor or the authorized designee should notify the appropriate qualified health care

professionals and identify a staging area for medical emergency responders and for medical triage

should it appear to be necessary.

The Responsible Physician or the authorized designee should be included in developing the

response plan as it relates to the potential for a medical response, medical triage and treatment

activities, and the safety and security of medical personnel during the incident.

400.7.3 NOTIFICATIONS

As soon as practicable, the Shift Commander or a responsible staff member shall notify the Chief

Deputy, who in turn, shall notify the Sheriff.

400.7.4 REPORTING

The Chief Deputy or Shift Commander shall direct that a report be written detailing the incident

by the end of the shift. If appropriate, a crime report will also be prepared by the responsible law

enforcement agency.

400.7.5 DEBRIEFING

All responding staff, including medical responders, shall be debriefed on the incident as soon as

practicable after the conclusion of the emergency incident. The staff shall examine the incident

from the perspective of what worked, what actions were less than optimal, and how the response

to a future incident might be improved.

If appropriate, the details of the incident will be used to develop a training course for responding

to facility disturbances. The goal of any debriefing process is continuous improvement. The

debriefing should be focused on the incident and an improved response. A moderator should be

used to ensure that no individual or group involved in the response is publicly ridiculed.

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400.8 HOSTAGES

The Office does not recognize the taking of hostages as a reason to relinquish control of the jail

environment. All staff, inmates, visitors, volunteers, and contractors shall be informed of the “no

hostage” policy prior to entering the facility for the first time and shall sign an acknowledgment,

which the facility shall retain.

It is the policy of the Monterey County Sheriff's Office to use all available resources necessary to

bring about a successful end to a hostage situation (15 CCR 1029(a)(7)(B)).

400.8.1 RESPONSE TO HOSTAGE INCIDENT

Control should immediately be notified at the earliest sign of a hostage incident. Control shall

notify the Shift Commander and Chief Deputy. The Chief Deputy will notify the Sheriff as soon

as practicable.

The Shift Commander or Chief Deputy shall make every effort to ensure that the hostage incident

remains confined to the smallest area possible. All door controls accessible to the inmate shall be

disabled. Emergency exits that lead outside the secure perimeter shall be guarded.

400.8.2 NOTIFICATION OF QUALIFIED HEALTH CARE PROFESSIONALS

At the direction of the Shift Commander or the authorized designee, the qualified health care

professionals should be notified in order to identify a location and form a logistical plan for medical

triage. The location also shall serve as a medical staging area for other medical emergency

responders.

400.8.3 HOSTAGE RESCUE

Communications with the hostage-taker should be established as soon as practicable. Hostage-

taker demands for the staff to open doors will not be met. A hostage rescue team should

be immediately summoned and the established protocols for resolving the situation shall be

implemented. The Chief Deputy and Sheriff should be consulted regarding decisions faced by the

hostage rescue team.

400.8.4 REPORTING AND DEBRIEFING

Following the conclusion of a hostage incident, the Chief Deputy should direct that an incident

report be completed by the end of the shift. All aspects of the incident should be reviewed,

focusing on the incident and the outcome, with the intent of using the incident as an opportunity

for continuous improvement and to identify additional training or systemic changes that may be

required.

400.9 ESCAPES

Upon being made aware that an escape may have occurred, or did in fact occur, the staff member

should immediately notify Control. Control should notify the Shift Commander or Chief Deputy. As

soon as practicable, the Chief Deputy should notify the Sheriff.

Once the escape is verified and immediate actions taken inside the facility (lockdown, etc.), the

Shift Commander should notify all local law enforcement agencies.

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400.9.1 INMATE COUNTS

As soon as the facility is fully locked down, a full inmate/wristband count should be taken.

All inmates who are outside of the secure perimeter of the facility (e.g., court, work details) should

be located and identified. Any missing inmate should have his/her identity disclosed and his/her

facility record should be accessed by the Chief Deputy (15 CCR 1029(a)(6)).

400.9.2 SEARCH

Concurrent with the lockdown, the area surrounding the facility should be searched for the

escapee. Areas where an inmate may be hiding or may have discarded jail clothing should be

searched first. Any witnesses should be interviewed.

Classification officers will develop a flyer with the inmate's name, description, latest picture,

classification status, and charges, and supply it to the custody staff and local law enforcement.

Local law enforcement should also be given the inmate's last known address and a list of his/

her associates.

400.9.3 REPORTING

The Shift Commander or a designated staff member should submit an incident report to the Chief

Deputy. A crime report should also be written regarding the escape. The incident report should

focus on events and physical plant weaknesses that contributed to the escape. The Chief Deputy

should review the reports, interview involved parties, and develop action plans to minimize the

risk of future occurrences.

400.10 CIVIL DISTURBANCES OUTSIDE OF THE JAIL

Upon being notified that jail space will be needed in response to a civil disturbance involving mass

arrests, the Shift Commander should notify the Chief Deputy. The Chief Deputy should make the

determination regarding the magnitude of the event and whether it warrants notification of the

Sheriff.

The size of the event may also require a lockdown, suspension of any programs that are not

critical to jail operations, and/or implementation of alternate staffing plans. To accommodate the

influx of inmates, the Shift Commander shall develop a housing plan that will not adversely affect

the safety and security of the facility. Program spaces, such as exercise yards, classrooms, and

dayrooms, may be used to temporarily house a limited number of additional inmates.

In the event that the jail can no longer accept additional inmates without compromising the safety

and security of the facility, mutual aid may be requested from allied counties. Title 15 CCR

standards may be temporarily suspended. The Chief Deputy shall notify the California Board

of State and Community Corrections (BSCC) in writing in the event that such a suspension

lasts longer than three days. Suspensions lasting for more than 15 days require approval of the

chairperson of the BSCC (15 CCR 1012).

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400.11 REVIEW OF EMERGENCY PROCEDURES

The Chief Deputy shall ensure that there is a review of emergency response plans at least

annually. This review should be documented with reports submitted to the Chief Deputy or the

authorized designee within 10 days of the review for approval. This review should also include

the signatures or initials of the facility staff responsible for the review. At a minimum, the review

shall include:

(a) Assignments of persons to specific tasks in emergency situations.

(b) Instructions in the use of the alarm systems and signals.

(d) Information on the location and use of emergency equipment in the facility.

(e) Specification of evacuation routes and procedures.

400.12 TRAINING

The staff shall be trained annually on this policy. This facility will provide emergency preparedness

training as part of orientation training for all personnel assigned to the facility and for those who

may be required to respond to the facility in an emergency. The staff shall also receive refresher

training at least annually in the emergency response plans. The Training Sergeant is responsible

for developing and delivering appropriate initial training and annual refresher training.

Emergency planning training should occur in the form of classroom instruction (or roll call training),

mock practical exercises, and drills. Each type of emergency covered in the emergency response

plan must be included in the training.

A lesson plan, staff training sign-up sheet with the dates and the times training should be provided,

and proof of competency (testing) for each participant should be maintained by the Training

Sergeant.

The Training Sergeant shall forward an annual report to the Sheriff and Chief Deputy on the status

of emergency response plan training. Any training deficiencies identified in this report should be

rectified within 90 days of the report.

The facility emergency plans and all training shall be documented by the Training Sergeant and

retained in accordance with established records retention schedules.

Policy

401

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Emergency Staffing

401.1 PURPOSE AND SCOPE

The facility must operate at all times as a safe and secure environment, regardless of staffing

levels. Consequently, contingency plans must be made in advance for any staffing emergency or

planned job action, regardless of the length of the staffing deficit.

The purpose of this policy is to establish roles and responsibilities for creating and implementing

emergency staffing plans, providing appropriate emergency staffing training to supervisory and

management personnel, and identifying an update schedule and distribution list for the plan, as

identified by the Sheriff or the authorized designee.

401.2 POLICY

It is the policy of this office to be prepared to operate a safe and secure facility in the event of

a work staffing emergency. Staffing emergencies that could negatively affect the good order the

facility may include, but are not limited to, an outbreak of infectious disease, a work stoppage or

strike by the staff, a natural disaster or other disruption. The Sheriff or the authorized designee

shall be responsible for ensuring that an appropriate emergency staffing plan exists.

401.2.1 EMERGENCY STAFFING

In the event the Chief Deputy becomes aware that a staffing emergency exists or may occur, staff

members who are present may be ordered to remain at their posts. The Chief Deputy will notify

the Sheriff. Plans should include measures to achieve minimum staffing for the facility within four

hours of a staffing emergency and may include the following operational adjustments:

• The facility may go to a lockdown. Minimum activities, including visiting, exercise

and other programs will be suspended only if necessary. Meals, cleaning, medical

services, court transportation and attorney visits will continue. Other activities will be

assessed by the Chief Deputy on a case-by-case basis.

• Supervisory and management personnel may have time-off cancelled or rescheduled

for the duration of the staffing emergency.

• Staff from other areas of the office who have custody experience may be used to fill

vacancies in the facility.

• Assistance from allied agencies may be requested to help management and

supervisors in safely staffing the facility.

• Contracting with surrounding facilities may be necessary if adequate staffing cannot

be obtained to safely operate the facility.

• In the event of a health-related staffing emergency, the office Exposure Control Officer

and medical staff shall be notified in accordance with the Communicable Diseases

Policy.

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401.2.2 LEGAL ASSISTANCE

In cases where the Chief Deputy becomes aware that a work stoppage is planned or has occurred,

legal counsel should be consulted for assistance in preparing the necessary legal action to

either prevent the work stoppage or to cause it to cease. Immediate contact with the employees'

representatives may also be necessary to prevent or conclude the job action.

401.2.3 TRAINING

The Chief Deputy or the authorized designee should be responsible for:

(a) Establishing a distribution list for the contingency plan.

(b) Establishing a periodic review and update of the plan.

(d) Ensuring that all supervisors and managers are provided a copy of the plan and/or a

means to access it in the event of an emergency.

(e) Documenting all training.

(f) Maintaining training records for each supervisor and manager and ensuring that those

personnel periodically receive appropriate update training on the plan.

Policy

402

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Fire Safety

402.1 PURPOSE AND SCOPE

The threat of fire and toxic smoke in the facility represents a significant risk to the safety and

security of the community, the staff, inmates, volunteers, contractors, and visitors. The purpose

of this policy is to clearly identify and conform to applicable federal, state, and/or local fire safety

codes, and to establish a process of creating, disseminating, and training all individuals in the

facility on the emergency plans for fire safety and evacuation.

402.2 POLICY

It is the policy of this office that fire prevention strategies are a high priority.

The Chief Deputy shall ensure that a fire alarm and detection and suppression system, as required

by law, are installed, maintained, and periodically tested. Any variance, exception, or equivalency

issues must be approved by the fire jurisdiction authorities and must not constitute a serious life-

safety threat to the occupants of the facility (15 CCR 1029(a)(7)(A); 15 CCR 1032 et seq.).

402.2.1 FIRE CODES

The Office shall conform to all federal, state, and local fire safety codes.

402.2.2 FIRE PREVENTION RESPONSIBILITY

All staff, volunteers, and contractors who work in the facility are responsible for the prevention

of fires. They should be trained and given the tools to carry out the tasks necessary to reduce

the risk of fire.

402.3 FIRE SUPPRESSION PRE-PLANNING

Pursuant to Penal Code § 6031.1, the Chief Deputy shall, in cooperation with the local fire

department or other qualified entity, develop a plan for responding to a fire. The plan shall include

but is not limited to (15 CCR 1032):

(a) A fire suppression pre-plan by the local fire department, to be included as part of this

policy.

(b) Fire prevention, safety inspection plans, and record retention schedules developed by

designated staff or as required by applicable law.

(b), which requires inspections at least once every two years.

(d) Documentation of all fire prevention inspections, all orders to correct, and all proofs of

correction should be maintained for a minimum of two years or as otherwise required

by law.

(e) An evacuation plan (see the Evacuation Policy).

(f) A plan for the emergency housing of inmates in case of fire.

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(g) A plan for the cross-training of responders and facility staff via drills, which should

occur at least quarterly, if practicable.

402.4 FIRE PREVENTION EQUIPMENT

All required fire alarms, sprinklers, and detection devices shall be in good working order at all

times.

Should such a device become inoperative, the Chief Deputy or the authorized designee shall be

responsible for ensuring that emergency repairs are undertaken as soon as possible and that staff

is provided with an alternative emergency fire safety and evacuation plan.

Any time any fire prevention system is inoperative and poses a serious life-safety risk, that portion

of the facility shall not be inhabited by inmates or staff.

402.5 FIREFIGHTING EQUIPMENT

The Chief Deputy shall ensure that the facility is equipped with the necessary firefighting

equipment (e.g., fire hoses, extinguishers) in an amount and in a location as recommended by the

local fire authority or other qualified entity. The locations of firefighting equipment will be shown

on the facility fire plan (schematic).

While the staff is not trained as fully qualified firefighters, the Chief Deputy or the authorized

designee will ensure that the staff is trained to initially respond to a fire with the purpose of

facilitating the safety of the occupants, including evacuation, if necessary.

402.5.1 SELF-CONTAINED BREATHING APPARATUS

The facility should maintain sufficient quantities of self-contained breathing apparatus (SCBA)

for staff to initially respond to a fire with the purpose of facilitating the safety of the occupants,

including evacuation, if necessary. The Chief Deputy or the authorized designee is responsible

for developing and implementing a written respiratory protection program that includes fit testing

and training._

402.6 FIRE TRAINING

The Training Sergeant is responsible for ensuring that within the first six months of assignment

to the facility all staff members receive training on the use of the SCBA sufficient to demonstrate

proficiency. The staff should also be trained in the use of the facility's firefighting equipment

sufficient to demonstrate proficiency. The staff should receive refresher training at least annually

on the use of firefighting equipment.

Each shift will have at least one designated staff member who is trained to maintain the facility's

firefighting equipment, including the SCBA.

402.7 INSPECTIONS

The Office shall be inspected by an appointed staff member who is qualified to perform fire and

safety inspections on a monthly basis to ensure that fire safety standards are maintained. These

inspections will be focused on, but not limited to, fire prevention, staff training and proficiency,

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firefighting equipment availability and functionality, alarms, fire detectors, fire safety equipment,

and staff familiarity with prevention and suppression techniques, suppression pre-planning, SCBA

use, emergency response, fire safety equipment use, and the evacuation plan.

The Chief Deputy or the authorized designee shall ensure that staff conduct weekly fire and safety

inspections of the facility and that all fire safety equipment is tested at least quarterly (15 CCR

1029(a)(7)(E)).

A staff member shall be assigned to coordinate with local or state fire officials for the inspections

as required once every two years, pursuant to Health and Safety Code § 13146.1(a); and Health

and Safety Code § 13146.1(b). The result of all fire inspections and fire equipment testing shall

be provided to the Chief Deputy and the Sheriff, and the records maintained for at least two years

(15 CCR 1032(b)).

402.7.1 FURNISHINGS

All furnishings allowed in the facility shall meet fire authority standards for fire performance

characteristics. Prior to the introduction of any furnishing into the facility, the staff shall receive

clearance from the local fire authority as to its appropriateness.

402.7.2 FLAMMABLE, TOXIC AND CAUSTIC MATERIALS

The Chief Deputy, in collaboration with the local environmental health expert, will review the type

of materials introduced into the facility to ensure that flammable, toxic, and caustic materials are

controlled and used safely. All such materials will be safely stored and only used by inmates under

the direction of the staff.

402.8 EMERGENCY HOUSING OF INMATES

The Chief Deputy or the authorized designee shall develop a plan for the emergency housing of

inmates in the event of a fire (15 CCR 1032(e)). The plan should include procedures for continuing

to house inmates in the facility, identification of alternate facilities and the potential capacity of

those facilities, inmate transportation options, and contact information for allied agencies. This

plan shall be reviewed annually and revised if necessary.

The Alameda County Sheriff's Office will serve as the alternate location for housing if emergency

housing is required.

The Monterey County Sheriff's Office Transportation Unit will serve as primary method of

transporting those inmates, if needed.

Policy

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Emergency Power and Communications

403.1 PURPOSE AND SCOPE

The Monterey County Sheriff's Office facility must continue to operate as a safe and secure

environment regardless of emergencies, including electrical outages. The purpose of this policy is

to establish guidelines regarding back-up power and communication systems, and the inspection,

preventive maintenance and testing of the systems to ensure a seamless transition in the event

of a loss of power.

403.2 POLICY

It is the policy of this office to ensure that power to critical systems and communications continues

to operate within the facility in the event of a loss of power.

403.2.1 PREVENTIVE MAINTENANCE

It is the responsibility of the Sheriff and Chief Deputy to ensure that there is sufficient emergency

power to operate all essential lighting, security equipment, safety equipment and communications

systems. The emergency power system should have sufficient fuel to allow the facility to operate

continuously for a three-day period, if necessary, without external resources.

The emergency power system should be inspected, tested and maintained as necessary. In the

event that the system fails, the Chief Deputy or Shift Commander should contact the designated

maintenance authority or repair company to obtain necessary repairs as soon as practicable. If the

emergency power system cannot be repaired within eight hours, portable emergency generators

should be secured as a temporary emergency power source until the repair or replacement of the

primary system occurs.

403.2.2 SAFETY AND SECURITY

All safety and security equipment will be repaired or replaced in an expedited manner by qualified

personnel. In the event that safety and security equipment become inoperable or damaged and it

is not safe to operate a secure portion of the facility, that portion of the facility should be vacated

and the inmates housed elsewhere. Or, staffing should be increased sufficiently for the area to

remain safe and secure until the repair can be completed.

403.2.3 INSPECTION AND TESTING

The Chief Deputy or the authorized designee is responsible for scheduled testing of emergency

power systems (15 CCR 1029). The power system manufacturer should be contacted for the

required testing intervals and load information. The emergency power system should be load-

tested in accordance with the manufacturer's recommendations or at least quarterly.

All emergency equipment and systems should be inspected and tested by a qualified individual

at least quarterly.

Power generators should be inspected and tested by a qualified individual at least weekly.

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All testing and inspections shall be documented and the results included in a report to the Chief

Deputy.

Policy

404

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Evacuation

404.1 PURPOSE AND SCOPE

The purpose of this policy is to promote planning and to establish procedures, responsibilities,

and training requirements for the staff of the Monterey County Sheriff's Office jail in case of fire

and other emergency evacuations.

404.2 POLICY

The community, staff, volunteers, contractors, and inmates should have a well-researched and

validated evacuation plan that can be implemented in the event any portion of this facility requires

evacuating due to an emergency (e.g. fire, smoke, flood, storm) (15 CCR 1032(d)). All custody

staff should be knowledgeable about the evacuation plan, policy, and procedures.

404.3 EVACUATION PLAN

The Monterey County Sheriff's Office maintains an evacuation plan to be implemented in the event

of a fire, natural disaster, or other emergency (15 CCR 1032(d)). At a minimum the evacuation

plan shall address the following:

•

Location of facility building and floor plans

•

Procedures on how inmates are to be released from locked areas

•

Relocation areas to be used for housing inmates in the event of a full or partial

evacuation

•

Notifications

•

Training and drill requirements for staff

•

Reporting requirements

The Chief Deputy shall ensure that the evacuation plan is maintained and updated as needed and

is reviewed for accuracy at least annually by a qualified independent inspector and in coordination

with the local fire authority.

A current copy of the evacuation plan shall be maintained in the Administration office and in the

command area of each annex facility.

404.3.1 EXITS

All facility exits should be marked with signs that clearly indicate the direction of traffic.

Except for temporary reasons, such as maintenance or repairs, all exits to the facility shall remain

free from obstacles at all times regardless of the frequency of use. It is the duty of all staff to remove

any obstructions that block, either partially or completely, staff’s ability to observe or use any exit.

All housing areas and places of assembly that are designed for occupancy of 50 individuals or

more shall have two available exits.

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404.3.2 EVACUATION PLANS AND ROUTES

Plans for evacuation routes will be posted in all public areas of the facility. All custody staff will

be familiar with evacuation routes for inmates.

A. The following evacuation routes are to be considered as possibilities when evacuation is

necessary.

1. B and C-Wing Area of Rehabilitation Facility

a. Inside: Evacuate to the K103 hallway, rotunda, or court holding cells.

b. Outside: Evacuate to the B/C Wing yard or the yard areas behind the wings or to the

Main Jail yard area.

2. Rehabilitation Mainline Facility

a. Inside: Evacuate from one wing to another, K103 hallway, rotunda area or court

holding area.

b. Outside: Evacuate to the exercise yard behind the Rehab Facility.

3. Men’s Pods

a. Inside: Evacuate to another pod, rotunda, court holding cells, reception area.

b. Outside: Evacuate to Main Jail upper yard, a Dorm yard, or into the fenced area

behind the jail.

4. K-Pod

a. Inside: Evacuate to rotunda, another pod, court holding cells, reception area or E-

Dorm.

b. Outside: Evacuate to men’s exercise yard, dorm yards, or fenced area behind K-Pod.

5. Women’s Section

a. Inside: Evacuate to another pod, visiting room, court holding cells, rotunda, or

reception area.

b. Outside: Evacuate to women’s or men’s yard, or fenced visiting area.

6. Dorm Areas

a. Inside: Evacuate to court holding cells, visiting area, rotunda, pod area, reception

area, and isolation dayroom area.

b. Outside: Evacuate to dorm yard, another dorm yard, main jail yard, secured fenced

area west of the reception area through doors 330 and 330A.

7. Isolation Cells

a. Inside: Evacuate to dayroom, E-Dorm, booking area, or court holding cells.

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b. Outside: Evacuate to E-Dorm yard, other dorm yards, fenced area west of reception

area through doors 330 and 330A.

8. Receiving Area

a. Inside: Evacuate to isolation dayroom and cells, visiting area, court holding cells, E-

Dorm area, and rotunda or attorney rooms.

b. Outside: Evacuate to dorm yard, Main Jail yard, or secured fenced area west of

receiving through 330 and 330A.

9. Kitchen Facility

a. The kitchen facility shall be evacuated to the outside of the kitchen through any of its

three exits whichever is appropriate.

b. The kitchen does not hold un-sentenced inmates so security issues are less.

10. Inmate Outpatient Housing (Infirmary)

a. Inside: Evacuate to court holding cells, isolation dayroom, visiting area or Women’s

Section holding area.

b. Outside: Evacuate through sallyport to women’s visiting area.

404.3.3 EMERGENCY HOUSING OF INMATES

The Chief Deputy or the authorized designee shall develop a plan on the emergency housing

of inmates in the event of a full or partial evacuation of the facility. The plan will address when

inmates should be housed in place, identification of alternate facilities, and the potential capacity

of those facilities, inmate transportation options, and contact information for allied agencies. This

plan shall be reviewed at least annually and revised if necessary.

404.4 TRAINING DRILLS

The Chief Deputy should ensure that drills of the evacuation plan are conducted at least annually,

or more often if required by code, for each shift and at all facility locations. Drills will include staff

and volunteers. The local fire agency may be invited to participate in one or more drills annually.

Nonviolent and compliant inmates may participate. Violent and/or dangerous inmates or those

known to be a flight risk will not be involved in the drills.

Drills should be designed to ensure that all staff members are proficient in their duties during

each type of evacuation. Each drill should be documented as to its scope and participants. Upon

completion of the drill, each staff member will be required to complete a written test to document

knowledge and to show proficiency.

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Chapter 5 - Inmate Management

Policy

500

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Population Management

500.1 PURPOSE AND SCOPE

The purpose of this policy is to establish a system of inmate population accounting that promotes

the safety and security of the facility on a daily operational basis. It assembles data that enables the

Office to forecast staffing and facility growth needs into the future, and to plan for the associated

expenditures._

500.2 REPORTS

The Chief Deputy or the authorized designee is responsible for ensuring that detailed daily reports

of the facility’s inmate population are completed and maintained by the staff. The reports shall

reflect the average daily population of sentenced and non-sentenced inmates by categories of

males and females. The Chief Deputy should collect and submit the data to the Sheriff in a monthly

report within 10 working days of the end of each month. The Sheriff or the authorized designee

should maintain the data in an accessible format for historical purposes and trend analysis and to

respond to funding opportunities (see the Crowding Policy) (15 CCR 1040).

500.3 DATA COLLECTION

For each reporting period, the report should include, but is not limited to:_

(a) Current number of beds in:

1. Compliance with local or state standards

2. General housing

3. Medical/mental health

(b) Average daily population (ADP) for:

1. Minimum security

2. Maximum security

3. High security

4. Administrative segregation

(d) Number and percentage of:

1. Bookings

2. Male inmates

3. Female inmates

4. Non-sentenced inmates

5. Felony inmates

6. Pretrial inmates released

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7. Sentenced inmates released early due to lack of space

8. Inmates receiving psychotropic medication

(e) Number of inmates:

1. Enrolled in work release program

2. Enrolled in work furlough program

3. Assigned to home electronic monitoring program

(f) Number of:

1. Inmate-on-inmate assaults

2. Inmate-on-staff assaults

3. Escapes/attempted escapes

4. Active misdemeanor warrants

5. Active felony warrants

6. Inmate grievances and dispositions

7. Inmate disciplinary reports and dispositions

(g) Any other demographic information (e.g., gang activity)

The Chief Deputy or the authorized designee is responsible for ensuring that all required

information is supplied to the Board of State and Community Corrections as required (15 CCR

1040).

500.4 POLICY

It is the policy of this facility that an inmate population management system should be established

and maintained to account for the admission, processing, transfer and release of inmates.

Policy

501

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Inmate Counts

501.1 PURPOSE AND SCOPE

Inmate counts are vital to the security of the facility, the safety of the staff, and the welfare of the

inmates. This policy establishes guidelines for the frequency of inmate counts, which ensures that

all inmates and their status can be accounted for at any time.

501.2 POLICY

It is the policy of this office to account for all inmates within and under the control of this facility

through scheduled and other counts as needed (15 CCR 1029(a)(6)).

501.3 PROCEDURE

The Chief Deputy or the authorized designee shall be responsible for creating and maintaining

a written procedure establishing the process and frequency of counts. Inmate counts shall be

conducted at least once every eight hours. Emergency counts may be conducted at the direction

of the Shift Commander as needed. Electronic counts shall not be substituted for direct staff

observation.

All counts shall be documented on the daily activity log and verified by the Shift Commander.

Counts shall include all inmates in custody, including those on work assignments, furlough,

education release and those who are off-site, such as the hospital or court.

Any discrepancy in the count should immediately be reported to the Chief Deputy and resolved

prior to the release of the shift personnel responsible for the count. A formal count in which all

inmates are personally identified by a deputy should be conducted once a day at a time established

by the Chief Deputy. The result of the formal count will be used to calculate the average daily

population statistics for the facility.

In the event that an escape is discovered during the inmate count, the Shift Commander will initiate

action to investigate the escape by promptly notifying law enforcement agencies and the Chief

Deputy, initiating a search, and complying with other procedures as needed in accordance with

the Facility Emergencies Policy.

A complete report of the incident will be prepared and provided to the Chief Deputy and Sheriff

as soon as practicable.

All count sheets shall be signed by the Shift Sergeant and placed in the 24-Hour file. Count sheets

shall be maintained for a period of time prescribed by statute, ordinance or policy.

Policy

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Inmate Reception

502.1 PURPOSE AND SCOPE

The Monterey County Sheriff's Office has a legal and methodical process for the reception of

arrestees into this facility. This policy establishes guidelines for security needs, the classification

process, identification of medical/mental health issues and the seizure and storage of personal

property.

502.2 POLICY

This office shall use the following standardized policies when receiving arrestees to be booked

into this facility. This is to ensure security within the facility and that arrestees are properly booked

and afforded their applicable rights.

502.3 PRE-BOOKING SCREENING

All arrestees shall be screened prior to booking to ensure the arrestee is medically acceptable

for admission and that all arrest or commitment paperwork is present to qualify the arrestee for

booking. Required paperwork may include the following:

(a) Arrest reports

(b) Probable cause declarations

(d) Victim notification information

(e) Special needs related to religious practices, such as diet, clothing and appearance

(see the Religious Programs Policy)

(f) Accommodation requests related to disabilities (see the Inmates with Disabilities

Policy)

(g) Information regarding suicidal statements or actions

Any discrepancies or missing paperwork should be resolved before accepting the arrestee for

booking from the arresting or transporting deputy.

Prior to accepting custody of an arrestee who claims to have been arrested due to a mistake of

the arrestee’s true identity or an arrestee who claims that identity theft led to the issuance of a

warrant in the arrestee’s name, staff shall make reasonable efforts to investigate the arrestee’s

claim of identity fraud or mistake. Staff shall notify a supervisor when an arrestee makes a claim

of mistaken identity or identity fraud.

Arrestees who can post bail or qualify for a release on their Own Recognizance (O.R.), citation,

or Penal Code § 849(b) will be processed and released (15 CCR 1029(a)(5)).

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502.3.1 IMMIGRATION DETAINERS

No individual should be held based solely on a federal immigration detainer under 8 CFR 287.7

(Government Code § 7284.6).

Notification to a federal authority may be made prior to release of an individual who is the subject

of a notification request only if the person meets at least one the following (Government Code §

7282.5; Government Code § 7284.6):

(a) Has been arrested and had a judicial probable cause determination for a serious or

violent felony identified in Penal Code § 667.5(c) or Penal Code § 1192.7(c)

(b) Has been arrested and had a judicial probable cause determination for a felony

punishable by time in a state penitentiary

(d) Is a current registrant on the California Sex and Arson Registry

(e) Is identified by the U.S. Department of Homeland Security’s (DHS) Immigration and

Customs Enforcement (ICE) as the subject of an outstanding federal felony arrest

warrant

502.3.2 NOTICE TO INDIVIDUALS

Individuals in custody shall be given a copy of documentation received from ICE regarding a hold,

notification or transfer request along with information as to whether the Office intends to comply

with the request (Government Code § 7283.1).

If the Office provides ICE with notification that an individual is being, or will be, released on a certain

date, the same notification shall be provided in writing to the individual and to his/her attorney or

to one additional person whom the individual may designate (Government Code § 7283.1).

502.3.3 ICE INTERVIEWS

Before any interview between ICE personnel and an individual in custody for civil immigration

violations, the office shall provide the individual with a written consent form that explains the

purpose of the interview, that the interview is voluntary, and that he/she may decline to be

interviewed or may choose to be interviewed only with his/her attorney present. The consent form

must be available in the languages specified in Government Code § 7283.1.

502.3.4 IMMIGRATION INQUIRIES PROHIBITED

Deputies shall not inquire into an individual’s immigration status for immigration enforcement

purposes (Government Code § 7284.6).

502.4 SEARCHES BEFORE ADMISSION

All arrestees and their property shall be searched for contraband by the booking person before

being accepted for booking. All contraband items will be handled according to facility policy.

Items of possible evidentiary value may be turned over to the arresting or transporting deputy for

processing or processed according to the facility’s rules for handling evidence. Approved personal

property and clothing will be accepted. Items not approved will be returned to the arresting or

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transporting deputy prior to the arrestee being accepted for booking. A description of the items

returned to the arresting or transporting deputy shall be documented on the arrestee’s booking

record.

Strip searches shall be conducted in accordance with the Searches Policy.

502.5 ADMISSION PROCESS

A unique booking number shall be obtained specific to the current admission. Photographs and

fingerprints shall be taken.

The admission process should include an attempt to gather a comprehensive record of each

arrestee, including the following:

•

Identifying information, including name and any known aliases or monikers

•

Current or last known address and telephone number

•

Date and time of arrest

•

Date and time of admission

•

Name, rank, agency, and signature of the arresting deputy and transporting deputy,

if different

•

Health insurance information

•

Legal authority for confinement, including specific charges, arrest warrant information,

and court of jurisdiction

•

Sex

•

Age

•

Date and place of birth

•

Race

•

Height and weight

•

Occupation and current or most recent employment

•

Preferred emergency contact, including name, address, telephone number, and

relationship to inmate

•

Driver’s license number and state where issued, state identification number, or

passport number

•

Social Security number

•

Additional information concerning special custody requirements or special needs

•

Local, state, and federal criminal history records

•

Photographs, fingerprints, and notation of any marks or physical characteristics unique

to the inmate, such as scars, birthmarks, deformities, or tattoos

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Medical, dental, and mental health screening records, including suicide risk

•

Inventory of all personal property including clothing, jewelry, and money

•

A record of personal telephone calls made at the time of booking or the time the

opportunity was provided to place calls if the calls were not made

The inmate shall be asked if the inmate served in the U.S. military. The response shall be

documented and made available to the inmate, the inmate's counsel, and the District Attorney

(Penal Code § 4001.2).

Inventoried items of rare or unusual value should be brought to the attention of a supervisor. The

inmate’s signature should be obtained on the booking record and on any forms used to record

money and property.

502.5.1 LEGAL BASIS FOR DETENTION

Arrestees admitted to the facility shall be notified of the official charge for their detention or legal

basis of confinement in a language they understand.

502.5.2 ADMISSION OF SEX OFFENDER REGISTRANTS

The Records Division shall inform the California Department of Justice when inmates required to

days of the admission (Penal Code § 290.013).

502.6 TRANSITION FROM RECEPTION TO GENERAL POPULATION

The Shift Commander is responsible for ensuring only arrestees who qualify are placed into

general population cells or housing. Those who will not be placed into general population include:

(a) Arrestees who are eligible for release following citation.

(b) Arrestees who are intoxicated or under the influence of any chemical substance.

time, at the discretion of the Shift Commander, to make telephone calls before being

placed in general population.

502.6.1 MONITORING FOR SIGNS OF INTOXICATION AND WITHDRAWAL

Staff shall respond promptly to medical symptoms presented by inmates to lessen the risk of a life-

threatening medical emergency and to promote the safety and security of all persons in the facility.

Custody staff should remain alert to signs of drug and alcohol overdose and withdrawal, which

include but are not limited to sweating, nausea, abdominal cramps, anxiety, agitation, tremors,

hallucinations, rapid breathing, and generalized aches and pains. Any staff member who suspects

that an inmate may be suffering from overdose or experiencing withdrawal symptoms shall

promptly notify the supervisor, who shall ensure that the appropriate medical staff is notified.

502.6.2 INMATE SEPARATION

Inmates should be kept separate from the general population during the admission process. Newly

admitted inmates should be separated according to the facility’s classification plan.

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502.7 INMATE PROPERTY CONTROL

All property received from inmates at the time of booking shall be inventoried. A receipt should

be signed by the inmate and the booking deputy and referenced to the booking number before

the admission is completed. The original copy of the property receipt will be retained and placed

in the inmate's file and/or with the property. A second copy will be presented to the inmate at the

time of booking.

Excess personal clothing shall be mailed to, picked up by, or transported to designated family

members or to a person of the inmate’s choosing, or stored in containers designed for this purpose.

502.7.1 VERIFICATION OF INMATE'S MONEY

All monies belonging to the inmate and retained by the Cash Person shall be verified in front of

the arresting officer. When possible, the inmate should initial the dollar amount on the booking

sheet.

Negotiable checks or other instruments and foreign currency should also

be placed in the inmates property. Jewelry and other small property should also be

sealed in an envelope. All envelopes should clearly indicate the contents on the

front. The person sealing it should initial across the sealed flap. The total amount of

money received shall be entered into the cash computer along with the inmates name and booking number.

502.7.2 PROPERTY STORAGE

All inmate property should be stored in a secure storage area. Only authorized personnel may

access the storage area and only for the purpose of depositing or retrieving property, or to conduct

duly authorized work, including maintenance and other duties as directed by the Chief Deputy.

502.8 INMATE TELEPHONE CALLS

Every inmate detained in this facility shall be entitled to at least three completed telephone calls

immediately upon being admitted and no later than three hours after arrest. Either the arresting

or booking deputy must ask the inmate if he/she is a custodial parent with responsibility for a

minor child as soon as practicable, but no later than three hours after the arrest, except when

physically impossible. If the inmate is a custodial parent with responsibility for a minor child, the

inmate shall be entitled to make two additional telephone calls to arrange care for the minor child

(Penal Code § 851.5).

The calls may be of a duration that reasonably allows the inmate to make necessary arrangements

for matters that he/she may be unable to complete as a result of being arrested. The calls are not

intended to be lengthy conversations and the custody staff may use their judgment in determining

the reasonable duration of the calls.

There is no obligation for the custody staff to make a telephone call on an inmate’s behalf, for

example in the case of a person who is so intoxicated that he/she cannot make a call. The custody

staff is not required to wake an intoxicated person so that the person may complete a call. An

intoxicated person should be provided the opportunity to make the telephone calls once the person

awakes.

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502.8.1 TELEPHONE CALL PROCEDURES

The Office will pay the cost of local calls. Long distance calls will be paid by the inmate, using

calling cards or by calling collect.

Calls between the inmate and his/her attorney shall be deemed confidential, and shall not be

monitored, eavesdropped upon or recorded.

A sign containing the information as required in Penal Code § 851.5 in bold block type shall be

posted in a conspicuous place where the inmates make their booking telephone calls and within

the custody facility.

The public defender’s telephone number shall be posted with the sign.

The signs shall be in English, Spanish, and any other language spoken by a substantial number

of the public, as specified in Government Code § 7296.2, who are served by this agency (Penal

Code § 851.5).

502.8.2 POSTING OF TELEPHONE INFORMATION

A sign containing the information as required in Penal Code § 851.5 in bold block type shall be

posted in a conspicuous place where the inmates make their booking telephone calls.

The public defender’s telephone number shall be posted with the sign.

The signs shall be in English, Spanish and any other language spoken by a substantial number

of the public, as specified in Government Code § 7296.2, who are served by this agency (Penal

Code § 851.5).

502.8.3 ONGOING TELEPHONE ACCESS

Ongoing telephone access for inmates who are housed at this facility will be in accordance with

the Inmate Telephone Access Policy.

502.9 SHOWERING AND CLOTHING EXCHANGE

Inmates should be allowed to shower before being dressed in clean jail clothing. Showering should

occur before an inmate is transferred from the temporary holding area to general population

housing (see the Inmate Hygiene Policy).

502.10 JUVENILE DETAINEES

Juveniles are not eligible for admission to this jail. A juvenile may be held only for the length of

time needed for release to a parent or guardian or transfer to an appropriate facility, and in any

case, for a maximum of six hours (Welfare and Institutions Code § 207.1). Detention is subject

to the following conditions:

(a) The juvenile shall be held in an unlocked area that is not used for housing and is

outside the secure perimeter of the jail, such as an interview room, lobby, or office.

(b) The juvenile shall not be physically secured to a cuffing rail or other stationary object.

a facility employee, or a designated youth attendant. Continuous visual monitoring

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may be by an audio/video system. The juvenile shall have constant auditory access

to the staff.

(d) Separation by sight and sound shall be maintained between all juveniles and adults in

custody (34 USC § 11133). There should also be sight and sound separation between

non-offender juveniles, such as those who may be in protective custody, and juveniles

and status offenders.

Policy

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Inmate Handbook and Orientation

503.1 PURPOSE AND SCOPE

This policy provides for the orientation of inmates booked into the Monterey County Sheriff's Office

facility. The purpose of the orientation is to inform inmates of the jail routine, rules, inmate rights,

and services.

503.2 POLICY

The Chief Deputy shall provide an effective method of orienting all incoming inmates that includes

an inmate handbook. The orientation should take place within 24 hours of an inmate’s admission

and in any event prior to the inmate being moved to general population housing and should be an

ongoing process in the housing area so that the information is available to the inmates throughout

their entire time in custody.

503.3 INITIAL ORIENTATION

To assist with the inmate’s transition into a custody environment, the orientation will include the

following topics, supplemented by a more detailed inmate handbook that will be provided to each

inmate (15 CCR 1069):

(a) Facility rules and disciplinary sanctions

(b) Correspondence, visiting, and telephone rules

(d) Co-pays, fees, and charges

(e) Medical, dental, and mental health services

(f) Possibilities for pretrial release

(g) Programs and activities, including application procedures

(h) Classification/housing assignments and appeal procedures

(i) Court appearance, where scheduled, if known

(j) Availability of personal care items and opportunities for personal hygiene

(k) Emergency procedures (e.g., fires, evacuations)

(l) Sexual abuse and sexual harassment information, including the following (28 CFR

115.33):

1. Facility’s zero-tolerance policy

2. Prevention and intervention

3. Instruction on how inmates can avoid being victims of sexual abuse and sexual

harassment through self-protection techniques

4. Treatment and counseling for victims of sexual abuse or sexual harassment

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5. Reporting sexual abuse or sexual harassment incidents, including how to report

such incidents anonymously

6. Mailing addresses and telephone numbers, including toll-free hotline numbers

where available, of local, state, or national victim advocacy or rape crisis

organizations, and, for persons detained solely for civil immigration purposes,

immigrant services agencies (28 CFR 115.53)

7. Information regarding confidentiality, monitoring, and mandatory reporting

(m) Contacting foreign consuls

(n) Requests for religious accommodations

(o) Emergency procedures (e.g., fires, evacuations)

(p) Voting, including registering to vote

(q) Direction for pregnant inmates, including the information required in Penal Code §

3407(e) and 15 CCR 1058.5

(r) The right to be taken before a magistrate in this county if held on an out-of-county

warrant (Penal Code § 821; Penal Code § 822)

In addition to English, orientation information will be provided in the most commonly used

languages for the inmate population.

The Chief Deputy should consider enlisting the assistance of volunteers who are qualified and

proficient in both English and the language in which they are providing translation assistance to

translate the orientation information. Use of outside translation sources may also be considered.

Interpretive services will be provided to inmates who do not speak English or any of the other

languages in which the orientation information is available.

A written and signed acknowledgment of the orientation and receipt of the handbook should be

maintained in the inmate’s permanent file (28 CFR 115.33).

503.4 ORIENTATION FOR NON-READERS, VISUALLY IMPAIRED, AND DEAF OR HARD-

OF-HEARING INMATES

Inmates who cannot read, are visually impaired, or have intellectual, psychiatric, or speech

disabilities, or limited reading skills shall have the materials read to them by a staff member or

presented to them using audible recorded media (28 CFR 115.16).

Inmates who are deaf or hard of hearing shall be provided with interpretation services. Reasonable

efforts should be made by the staff to assist the inmate in understanding the information.

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Inmate Safety Checks

504.1 PURPOSE AND SCOPE

The purpose of this policy is to establish a requirement for conducting visual safety checks for all

inmates, and for creating and maintaining a log to document all safety checks.

504.2 POLICY

It is the policy of the Monterey County Sheriff's Office that all correctional staff shall conduct safety

checks on all inmates, at a frequency determined by inmate custody status, housing classification,

and applicable state law.

504.3 SAFETY CHECKS

The staff shall adhere to the following procedures when conducting safety checks (15 CCR 1027;

15 CCR 1027.5):

(a) Safety checks shall be conducted at least once every 60 minutes and more frequently

if necessary.

(b) Safety checks shall be conducted on an irregular schedule (staggered) so that inmates

cannot predict when the checks will occur.

sufficient to determine whether the inmate is experiencing any stress or trauma.

(d) Cameras and monitors may supplement the required visual observation safety checks,

but they shall not replace the need for direct visual observation.

(e) Safety checks will be clearly documented on permanent logs in accordance with the

office Daily Activity Logs and Shift Reports Policy.

(f) Actual times of the checks and notations should be recorded on the daily activity logs.

(g) Log entries shall never be made in advance of the actual check. Log entries made in

this manner do not represent factual information and are prohibited.

(h) Special management inmates shall be checked more frequently as detailed in the

Special Management Inmates Policy.

Policy

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Special Management Inmates

505.1 PURPOSE AND SCOPE

Inmates who pose a heightened risk to themselves or others require special management,

including frequent interaction and increased supervision by staff. Interaction with special

management inmates is essential to maintaining a safe, secure, and humane environment. This

policy establishes guidelines and procedures for interacting with special management inmates in

the custody of the Monterey County Sheriff's Office.

505.1.1 DEFINITIONS

Definitions related to this policy include:

Administrative segregation - The physical separation of an inmate who is prone to (15 CCR

1053):

(a) Promote activity or behavior that is criminal in nature or disruptive to facility operations.

(b) Demonstrate influence over other inmates, including influence to promote or direct

action or behavior that is criminal in nature or disruptive to the safety and security of

other inmates or facility staff, as well as to the safe operation of the facility.

(d) Assault staff or other inmates, or participate in a conspiracy to assault or harm them.

(e) Need protection from other inmates.

This is a non-punitive classification process.

Protective custody segregation - A level of custody either requested or required for an inmate’s

protection from others.

Special management inmate - An inmate who is either classified as administrative segregation or

protective custody segregation. Classification as a special management inmate is a non-punitive

classification.

505.2 POLICY

This office shall provide for the secure and segregated housing of any special management inmate

but shall not impose more deprivation of privileges than is necessary to obtain the objective of

protecting the inmate, staff, or the public (15 CCR 1053).

505.3 SPECIAL MANAGEMENT INMATES HOUSING CRITERIA

The safety and security of this facility is dependent on a classification system that identifies inmates

who pose a risk to themselves or to others. Inmates who pose such a risk must be promptly and

appropriately segregated from the general inmate population until such time that they no longer

pose a risk. Staff must have the ability to promptly segregate these inmates pending further review.

Individuals who may be classified as special management inmates include but are not limited to

inmates who are:

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•

In protective custody or court-imposed segregation.

•

Exhibiting mental health concerns.

•

An escape threat.

•

A serious violence threat.

•

Known to have gang affiliation.

•

A known management problem.

•

A suicide risk.

•

Exhibiting medical issues.

•

Physically impaired.

505.4 CIRCUMSTANCES REQUIRING IMMEDIATE SEGREGATION

Inmates will generally be assigned to segregation through the classification process. The Chief

Deputy or the Shift Commander has the authority to immediately place any inmate into segregation

when it reasonably appears necessary to protect the inmate or others (15 CCR 1081(d)).

Reasons that an inmate may be placed into segregation include the following:

(a) The inmate requests protection or is under court-ordered protection, or the staff has

determined that the inmate requires protection.

(b) There is reason to believe the inmate poses a danger to him/herself or others.

(d) The inmate requires immediate mental health evaluation and medical housing is not

reasonably available.

(e) The inmate is charged with a disciplinary infraction and is awaiting a disciplinary

hearing and in the judgment of the staff, the inmate may become disruptive or

dangerous if left in general population.

(f) The inmate is in the process of being transferred to a higher security classification.

(g) Other circumstances where, in the judgment of the staff, the inmate may pose a threat

to him/herself, others, or the security of the facility.

505.4.1 REVIEW PROCESS

The Chief Deputy shall be notified when any inmate is placed into immediate segregation and

shall be informed of the circumstances leading to the order to segregate. Within 72 hours of the

inmate being placed into segregation, the Chief Deputy or the authorized designee must review

the circumstances surrounding the segregation to determine which of the following actions shall

be taken:

(a) The inmate is designated for administrative segregation.

(b) The inmate is designated for protective custody.

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(d) The inmate is returned to general inmate population.

505.5 PROTECTIVE CUSTODY

The deputy responsible for assigning classifications to incoming inmates shall clearly document

the reason an inmate should be placed into protective custody. Inmates in need of protective

custody may be placed in a segregation unit when there is documentation that the protective

custody is warranted and segregation is the least restrictive alternative reasonably available.

Inmates who are in protective custody shall receive all services and programs that are available

to inmates in general population and that are deemed a privilege. Any deviation from allowing

usually authorized items or activities shall be documented on the inmate’s file.

505.6 MAINTENANCE OF PROGRAMS AND SERVICES

Administrative segregation and protective custody shall consist of separate and secure housing

but shall not involve any deprivation of privileges other than what is necessary to protect the

inmates or staff (15 CCR 1053).

Inmates who are classified for housing in administrative segregation or protective custody shall,

at a minimum, be allowed access to programs and services including but not limited to:

•

Inmate telephones.

•

Visitation.

•

Educational programming appropriate to the inmate classification.

•

Commissary services.

•

Library and law library services.

•

Social services.

•

Faith-based guidance, counseling, and religious services.

•

Recreation activities and exercise.

•

Social and professional visits.

Nothing in this policy prohibits changing the delivery of programs or services to segregated

inmates in order to provide for the safety and security of other inmates and staff.

505.7 REVIEW OF STATUS

The Shift Commander or the classification officer shall review the status of all inmates who are

housed in segregation units and designated for administrative segregation or protective custody.

This review shall occur every seven days for the first two months of segregation and at least once

every 30 days thereafter. The review should include information about these inmates to determine

whether their status in administrative segregation and protective custody is still warranted.

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If other reasonable housing options exist that will provide for the safety of the inmate and the

facility, the inmate should be moved out of segregation. In reviewing an alternative housing

decision for an inmate in protective custody, the safety of the inmate should receive the utmost

consideration.

505.8 HEALTH EVALUATION REQUIREMENTS

After notification from staff that an inmate is being placed in segregation, the Shift Commander

shall ensure that the following occurs:

(a) A qualified health care professional shall assess the inmate’s health needs and

coordinate the appropriate housing assignment.

(b) If contraindications or special accommodations are noted, the qualified health care

professional shall inform the Shift Commander and coordinate the appropriate plan

for the inmate based on the safety needs of the facility and the medical needs of the

inmate.

505.8.1 HEALTH CONSIDERATIONS

Due to the possibility of self-inflicted injury and depression during periods of segregation, health

evaluations should include notations of any bruises and other trauma markings and the qualified

health care professional’s comments regarding the inmate’s attitude and outlook.

(a) Unless medical attention is needed more frequently, each inmate in segregation

should receive a daily visit by medical staff. A medical assessment should be

documented in the inmate’s medical file.

(b) A qualified health care professional shall also conduct weekly mental health

evaluations.

When an inmate is classified as a special management inmate due to the presence of a serious

mental illness and is placed in a segregation setting, the staff shall document this in the inmate’s

file and notify the qualified health care professional. When an inmate is expected to remain in

segregation for more than 30 days, the qualified health care professional shall be notified.

Where reasonably practicable, a qualified health care professional should provide screening for

suicide risk during the three days following admission to the segregation unit.

505.9 SAFETY CHECKS

A staff member shall conduct a face-to-face safety check of all special management inmates,

including those housed in administrative segregation or protective custody, at least every 30

minutes on an irregular schedule. Inmates who are violent, have mental health problems, or

demonstrate behavior that is easily identified as out of the ordinary or bizarre in nature should be

personally observed by the staff every 15 minutes on an irregular schedule.

Inmates who are at risk of suicide shall be under continuous observation until seen by a qualified

health care professional. Subsequent supervision routines should be in accordance with orders

provided by the qualified health care professional.

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Special management inmates shall receive increased monitoring to include, at a minimum:

(a) A daily visit by the Chief Deputy or the authorized designee.

(b) Visits by members of the program staff, upon request.

All management, program staff, and qualified health care professional visits shall be documented

in the appropriate records and logs and retained in accordance with established records retention

schedules.

505.10 LOG PROCEDURES

Handwritten logs should be completed in ink. Once an entry is made it should not be modified.

If corrections or changes are needed, they should be done by way of a supplemental entry.

Electronically captured logs will be maintained in a way that prevents entries from being deleted

or modified once they are entered. Corrections or changes must be done by way of supplemental

entries. At a minimum the log will contain the following:

•

Inmate name

•

Inmate booking number

•

Classification status

•

Housing assignment

•

Date and time initially housed

•

Date and time of entry and exit from the cell

•

Reason for the special housing

•

Anticipated time of removal

•

Medical, psychological, or behavioral considerations

•

Counseling for behavior

•

Removal date and time from special housing

Log entries should be legible, entered promptly, and provide sufficient detail to adequately reflect

the events of the day for future reference.

The date and time of the observation or incident and the name and identification number of the

staff member making the log entry shall be included on each entry.

Supervisors should review the logs frequently during the shift and enter comments as appropriate.

At a minimum, supervisors should enter the date and time of each review.

All safety checks will be documented in detail and should include the exact time of the safety

check and the identification information of the employee conducting the check. All documentation

will be gathered and provided to the Shift Commander or the Chief Deputy at midnight each day.

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505.10.1 LOG INSPECTION AND ARCHIVAL OF LOGS

The Shift Commander shall review and evaluate the logs and pass any significant incidents via

the chain of command to the Chief Deputy for review.

The logs will be retained by the Office in accordance with established records retention schedules,

but in no case for less than one year.

Policy

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Civil Detainees

506.1 PURPOSE AND SCOPE

This policy provides safeguards to ensure that persons held under a civil detainee are afforded

appropriate standards of custody.

Nothing in this policy prevents application of discipline under the Inmate Discipline Policy.

506.1.1 DEFINITIONS

Definitions related to this policy include:

Civil detainee - Any person in custody held for a reason other than for criminal matters.

Enhanced security concern - A status applicable to a civil detainee that indicates the person

poses an enhanced threat to staff or others due to the person’s past criminal behavior, criminal

sophistication or other actions.

506.2 POLICY

It is the policy of the Monterey County Sheriff's Office that any restrictions placed on civil detainees

must be for legitimate, non-punitive purposes that cannot be reasonably accomplished through

less restrictive means.

506.3 LESS RESTRICTIVE CONDITIONS

The Chief Deputy or the authorized designee is responsible for monitoring the accommodations

of civil detainees and taking steps to keep those accommodations above the level of non-

sentenced, general population inmates. The Chief Deputy or the authorized designee should

institute alternative and less harsh confinement methods for civil detainees, while still maintaining

security and effective management of the facility.

506.4 SCREENING

Civil detainees should undergo the same screening process as inmates, including attention to

whether the person poses an enhanced security concern. Any reason for departure from the

standard treatment of civil detainees as defined in this policy or in related procedures should be

documented with specific recommendations included addressing the risks.

The Chief Deputy or the authorized designee should review the screening documents to ensure

any enhanced safety concerns are appropriately addressed and part of the detainee’s record.

506.5 ORIENTATION

Civil detainees should receive orientation materials that explain the benefits and rules that are

applicable to civil detainees. Staff should meet one-on-one with the civil detainee during orientation

to review the orientation material and conditions of custody with the detainee. Staff should

specifically review the grievance process with the civil detainee and encourage the detainee to

use the grievance process when appropriate.

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506.6 CONDITIONS OF CONFINEMENT IN HOUSING

All civil detainees should be housed separately from other inmates.

506.6.1 CLOTHING

Civil detainees should be provided a minimum of 50 percent additional clothing exchanges than

non-sentenced inmates receive and be provided an extra set of undergarments and socks that

they may retain in their housing area.

Civil detainees should be provided an additional storage container for their personal belongings

and extra-issued clothing.

506.6.2 USE OF RESTRAINTS AND TRANSPORTATION

Civil detainees should not be placed in leg or waist restraints absent an enhanced security

concern.

Civil detainees may be handcuffed in the event there is a need to control the detainee based on

enhanced security concerns.

Civil detainees should be transported separately from inmates.

506.6.3 RECREATION

Civil detainees should receive a minimum of 50 percent additional recreation time (indoor and

outdoor) than non-sentenced inmates in the general population receive. The recreation may be

increased by the Chief Deputy as resources allow.

506.6.4 ACCESS TO MAIL AND TELEPHONE

Civil detainees shall have the same access to books, periodicals and magazines as any other

general population inmate, except incoming books and magazines must only be censored with

a substantial government interest, and only when it is necessary or essential to address the

particular government interest. Government interests that would justify confiscation of incoming

books, periodicals or magazines from a civil detainee may include:

(a) Maintaining facility security and safety, such as a book covering improvised weapons

or promoting aggression.

(b) Preventing dangerous conduct.

Outgoing and incoming mail may be inspected but not read, unless there is specific and articulable

information to believe a particular security or safety issue is at hand.

Civil detainees should be provided with a minimum of 50 percent additional telephone access

than non-sentenced inmates in the general population receive. Civil detainees should be provided

with telephone privacy. A reasonable amount of telephone messages should be taken for a civil

detainee.

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506.6.5 ACCESS TO INTERNET

Civil detainees should receive a minimum of 50 percent more time to access the Internet than

non-sentenced inmates in the general population receive.

506.6.6 VISITING

Civil detainees should be allowed to receive a minimum of 50 percent additional visitation than

non-sentenced inmates in the general population receive.

506.6.7 MENTAL HEALTH CARE

Civil detainees who are detained due to issues related to their mental health should be provided

with:

(a)

An interview with the civil detainee’s established mental health care provider and/or a

review of the civil detainee’s records by the assigned office mental health professional.

(b)

A review of the reasonable options available to address the civil detainee’s continued

mental health care. The office’s mental health professional and the Chief Deputy or

the authorized designee should identify benefits or restrictions that may advance the

purpose of the civil detainee’s confinement. Examples include:

Restricting or providing special access to books, periodicals or Internet sites as

part of the civil detainee’s treatment.

Providing special access to mental health care professionals or other visitors.

(c)

A conference with the civil detainee’s mental health care provider prior to the decision

to discipline the civil detainee.

506.7 SEARCHES

Strip searches of civil detainees must be justified by probable cause, unless the Chief Deputy

specifies otherwise based upon an enhanced security concern. The specified concern shall be

documented in the civil detainee’s record. Modified strip searches may be conducted when a civil

detainee has entered an environment where contraband or weapons may be accessed (see the

Searches Policy).

Absent an enhanced security concern or reasonable suspicion where contraband may be found,

there should be no unscheduled cell searches of a civil detainee’s personal effects or a cell search

when the civil detainee is not present. Non-invasive cell inspections for security purposes may

still be conducted.

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Management of Weapons and Control Devices

507.1 PURPOSE AND SCOPE

This policy will address the availability and control of weapons.

507.2 POLICY

It is the policy of the Monterey County Sheriff's Office that the presence and the use of weapons

in the jail will be tightly controlled and supervised to reduce the potential for injury. Staff will only

carry and use those weapons for which they have been trained in and are qualified to use.

507.3 FIREARMS

With the exception described below, armed personnel shall secure all firearms in gun lockers

located at the entry points prior to entering the secure perimeter. Firearms shall not be stored

inside the secure perimeter at any time. If it is necessary to load or unload a firearm, personnel

shall use the clearing barrels located outside of the facility's secure perimeter to facilitate the safe

loading and unloading of firearms.

Firearms shall only be allowed in the secure perimeter of the facility when it is necessary to protect

the safety and security of staff, inmates, contractors, volunteers or the public.

Firearms shall only be allowed inside the secure perimeter with the approval of the Chief Deputy

or authorized designee and under the direct supervision of a supervisor.

507.4 OTHER WEAPONS, TOOLS AND CHEMICAL AGENTS

Office-approved weapons, tools and chemical agents, including, but not limited to, pepper

projectiles, batons, TASER devices, impact weapons, weapon-fired projectiles, noise/flash

distraction devices, sting grenades and similar devices, may be possessed and used only by

custody staff members who have received office-authorized training and are qualified to use them.

Office-approved weapons, tools and chemical agents shall only be allowed inside the secure

perimeter with the approval of the Chief Deputy or the authorized designee.

Folding or fixed blade knives of any kind are not permitted in the Jail without the approval of the

Chief Deputy or the authorized designee.

507.5 STORAGE OF WEAPONS, CHEMICAL AGENTS AND CONTROL DEVICES

The armory shall be located in a secure and readily accessible repository outside of inmate

housing and activity areas. It shall be secured at all times. Access to the armory shall be limited

to the Chief Deputy and the Shift Commander or the authorized designee. Only personnel who

have received office-approved training in the maintenance of the stored equipment and who have

been designated by the Chief Deputy are authorized to be inside the armory.

The following equipment shall be stored and secured in the armory:

(a) All office-approved weapons

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(b) All office-approved control devices and associated supplies, with the exception of the

TASER device

handheld shields

(d) All office-approved chemical agents

Explosive materials will be stored in a safe approved by the Bureau of Alcohol, Tobacco, Firearms

and Explosives (ATF) and in compliance with 27 CFR 555.201 et seq.

507.5.1 WEAPONS LOCKER

There should be a secure weapons locker located outside of the secure perimeter of the jail.

507.5.2 INVENTORY

The Chief Deputy should designate one or more properly trained staff to be responsible for

maintaining all weapons, chemical agents and control devices in a safe and secure manner, and

to inventory and report the condition and availability of the facility's weapons and control devices

on a monthly basis.

To facilitate the inventory, all weapons, chemical agents and control devices shall be stored in

assigned locations inside the armory. A log sheet shall be maintained within the armory at all

times, detailing the exact location of each item. The removal of any weapon, chemical agent or

control device shall be documented on the log sheet, showing who removed the item, the date

and time of removal and the reason for removal. An additional log entry shall be made indicating

the date and time of the item's return.

The Shift Commander and the Chief Deputy shall be immediately notified in the event that any

weapon, chemical agent or control device is determined to be missing. An immediate and thorough

search of the facility shall take place in order to locate the item.

507.5.3 REVIEW, INSPECTION AND APPROVAL

Every control device and chemical agent will be periodically inspected for serviceability and

expiration dates by the Rangemaster or the instructor designated to train on the use of a particular

control device or chemical agent. The Rangemaster or the designated instructor is responsible to

ensure replacement of outdated or unserviceable items.

Policy

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Inmate Classification

508.1 PURPOSE AND SCOPE

This policy describes the Monterey County Sheriff's Office’s classification process, which is

designed to identify security and health issues so that inmates may be held in such a way as to

foster a safe and secure facility (15 CCR 1050)._

508.1.1 DEFINITIONS

Definitions related to this policy include:

Civil detainee - Any person held in custody for a reason other than for criminal matters.

508.2 POLICY

It is the policy of this office to process all arrestees and detainees entering this facility to determine

whether they will be housed in the facility, cited and released, released on their own recognizance

(O.R.) or bail, or released back to the community through an appropriate release mechanism,

including alternatives to incarceration programs, such as electronic supervision.

Anyone housed in the facility shall be properly classified according to security and health risks so

that appropriate supervision, temporary holding, and housing assignments may be made.

508.3 RELEASE AT OR FOLLOWING CLASSIFICATION

An individual arrested for intoxication only, with no further proceedings anticipated, should be

released as soon as custodial staff reasonably determine the person is no longer impaired to the

extent that the person cannot care for his/her own safety.

Misdemeanor inmates who meet criterion established by local courts may be cited and released

on O.R. by the Sheriff or the authorized designee. Inmates who meet the established criteria will

be interviewed by classification personnel and a determination will be made whether there is good

cause to release the inmate on his/her O.R. (15 CCR 1029(a)(5)).

508.4 CLASSIFICATION PLAN

The Chief Deputy or the authorized designee should create and maintain a classification plan to

guide staff in the processing of individuals brought into the facility._

The plan should include an initial screening process, as well as a process for determining

appropriate housing assignments (28 CFR 115.42). The plan should include use of an

objective screening instrument, procedures for making decisions about classification and housing

assignments, intake and housing forms, and a process to ensure that all classification and housing

records are maintained in each inmate’s permanent file. The plan should include an evaluation of

the following criteria (15 CCR 1050):

•

Age

•

Sex

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•

Current charges

•

Behavior during arrest and intake process

•

Criminal and incarceration history

•

Emotional and mental condition

•

Potential risk of safety to others or self

•

Special management inmate status

•

Special needs assessment for vulnerable inmates

•

Behavioral or physical limitations or disabilities and physical/mental health needs

•

Medical condition

•

Level of sobriety at booking

•

Suicidal ideation

•

Escape history and degree of escape risk

•

Prior assaultive or violent behavior

•

The need to be separated from other classifications of inmates (e.g., gang affiliation,

confidential informant, former law enforcement, sexual orientation)

•

Prior convictions for sex offenses against an adult or child

•

Whether the inmate is or is perceived to be gay, lesbian, bisexual, transgender,

intersex, or gender non-conforming (see the Prison Rape Elimination Act Policy for

transgender and intersex definitions)

•

Previous sexual victimization

•

The inmate’s own perceptions of his/her vulnerability

•

Whether the inmate is detained solely for civil immigration purposes

•

Whether the inmate is a foreign national and, if so, from what country (see the Foreign

Nationals and Diplomats Policy)

•

Prior acts of sexual abuse, prior convictions for violent offenses, and history of prior

institutional violence or sexual abuse, as known to the Office (28 CFR 115.41)

•

Any other criteria as deemed appropriate by the Sheriff or the authorized designee

•

Any other requirements for a classification plan under 15 CCR 1050

The plan should include a methodology for evaluating the classification process and a periodic

review for the purpose of continuous quality improvement.

Information obtained in response to screening questions shall be considered confidential and shall

only be made available to those who have a legitimate need to know (28 CFR 115.41).

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508.4.1 INMATE RESPONSE TO SCREENING

Inmates may not be compelled by threat of discipline to provide information or answers regarding

(28 CFR 115.41):

(a) Whether the inmate has a mental, physical, or developmental disability.

(b) Whether the inmate is or is perceived to be gay, lesbian, bisexual, transgender,

intersex, or gender nonconforming.

(d) The inmate’s own perception of vulnerability.

508.5 INITIAL CLASSIFICATION

The initial classification process is intended to identify predatory, violent and at-risk inmates. It

should occur early in the intake process to allow for appropriate supervision while an inmate is

being temporarily held in this facility and until a decision is made to place the individual into a

more permanent housing assignment.

Inmates should be interviewed by an intake deputy as soon as possible in the booking process.

The intake deputy shall complete the initial classification form. The initial classification form should

include a place for the intake deputy to make a housing recommendation. This recommendation

should be based on the initial classification form, an assessment of the inmate’s condition and

the inmate’s interview.

The initial classification form shall be placed in the inmate’s file and provided to the classification

deputy, who will, within the limits of available resources, determine the appropriate temporary

housing location.

508.6 CLASSIFICATION UPON HOUSING

Once it has been determined that the person arrested will not be released from custody on bail

or O.R., a more in-depth classification of the inmate will be conducted as soon as possible but no

later than 24 hours after the inmate’s arrival at the facility, after which the inmate will be moved

to more permanent housing.

508.6.1 INTERVIEW

The comprehensive classification process begins with a review of any initial classification

information obtained during the reception and booking process, as well as an interview by the

classification deputy. The review of initial classification documents and the questions, answers and

observations from the inmate’s interview will be documented and numerically scored, representing

the security level and housing assignment appropriate for each inmate.

Individualized determinations shall be made about how to ensure the safety of each inmate (28

CFR 115.42; 15 CCR 1050).

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508.6.2 OVERRIDE

The classification deputy has the authority to override the scores when it appears necessary to

more appropriately assign housing. The override capability exists to use the classification deputy’s

training and expertise in those instances when the numerical scores are not reflective of the

inmate’s potential security or health risk. All overrides will be reviewed by a supervisor and are

intended to be an exception, rather than the rule.

508.7 REVIEWS AND APPEALS

Once an inmate is classified and housed, he/she may appeal the decision of the classification

deputy. The appeal process shall begin at the first-line supervisor level. The decision by the

supervisor may be appealed to the Chief Deputy or the authorized designee. The decision by the

Chief Deputy or the authorized designee is final.

508.7.1 PERIODIC CLASSIFICATION REVIEWS

The classification deputy shall review the status of all inmates who have been incarcerated in the

facility for more than 30 days. Additional reviews should occur each 30 days thereafter. The review

should examine changes in the inmate’s behavior or circumstances and should either raise, lower,

or maintain the classification status (28 CFR 115.41).

Housing and program assignments for each transgender or intersex inmate shall be reassessed

at least twice each year to review any threats experienced by the inmate (28 CFR 115.42).

Inmate risk levels shall be reassessed when required due to a referral, request, incident of sexual

abuse, or receipt of additional information that increases the inmate’s risk of sexual victimization

or abusiveness (28 CFR 115.41).

508.7.2 STAFF REQUESTED REVIEW

At any point during an inmate’s incarceration, a staff member may request a review of the inmate’s

classification. The reason for the review, the review itself, and the outcome of the review shall

be documented in the inmate’s permanent file. Nothing in this section shall prohibit staff from

immediately moving an inmate to another location in the facility based on exigent circumstances.

Under such circumstances, the staff member moving the inmate must immediately document the

action and notify the classification deputy.

508.8 HOUSING ASSIGNMENTS

Inmates should be housed based upon the following criteria:

•

Classification level

•

Age

•

Sex (males and females will be housed in separate units)

•

Legal status (e.g., pretrial, sentenced)

•

Special problems or needs

•

Behavior

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•

Any other criteria identified by the Chief Deputy

508.8.1 SEPARATION

Male and female inmates shall be housed to ensure visual and physical separation.

Civil detainees shall be housed separately from pretrial and sentenced inmates.

508.9 CLASSIFICATION SPACE ALLOCATION

The classification plan depends on the ability of the facility to physically separate different classes

of inmates. To ensure that allocated space meets the current population needs, the Chief Deputy

or the authorized designee should periodically meet with representatives of the classification

deputies to discuss the fixed resources (e.g., cells, dorms, dayrooms).

The Chief Deputy should report at least quarterly to the custody management team any space

issues.

508.10 SINGLE-OCCUPANCY CELLS

Single-occupancy cells may be used to house the following categories of inmates:

•

Maximum security

•

Administrative segregation

•

Medical condition or disabilities (upon consultation with medical staff and the

availability of medical beds)

•

Mental condition (upon consultation with mental health staff and the availability of

mental health beds)

•

Sexual predators

•

Any inmate with an elevated risk of being taken advantage of, being mistreated, or

becoming a victim of sexual abuse or harassment

•

Any other condition or status for single-occupancy housing

The classification supervisor shall notify the Chief Deputy or the authorized designee when single-

occupancy cells are not available for housing the above described inmates. In such cases, a risk

assessment shall be used to identify inmates in the above categories who may be safely housed

together.

508.11 PRISON RAPE ELIMINATION ACT (PREA) CONSIDERATIONS

Housing, bed, work, and program assignments should be made to separate inmates at high risk

of being sexually victimized from those at high risk of being sexually abusive (28 CFR 115.42).

Inmates identified as being at high risk for sexually aggressive behavior will be monitored and

housed in an area that will minimize the risk to other inmates and staff. All inmates identified as

being at risk of victimization shall be monitored and housed in an area to minimize the risk to their

safety. However, inmates at high risk for sexual victimization shall not be placed in involuntary

protective custody unless an assessment of all available alternatives has been made and it has

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been determined that there is no available alternative means of separation from likely abusers (28

CFR 115.43; 28 CFR 115.68).

Housing and program assignments of a transgender or an intersex inmate shall include

individualized consideration for the inmate’s health and safety and any related supervisory,

management, or facility security concerns (15 CCR 1050). A transgender or an intersex inmate’s

views with respect to his/her own safety shall be given serious consideration.

Lesbian, gay, bisexual, transgender, or intersex inmates shall not be placed in dedicated facilities,

units, or wings solely on the basis of such identification or status, unless such placement is

pursuant to a consent decree, legal settlement, or legal judgment (28 CFR 115.42).

508.12 EDUCATION, WORK, AND OTHER RELEASE

Unless an inmate is incarcerated for an offense for which release is prohibited by law or otherwise

prohibited by court order, an inmate incarcerated in the jail may be released for a period reasonable

and necessary for the following reasons:

•

To seek or maintain employment

•

To attend education classes

•

To obtain medical treatment

•

Any other reasonable purpose as determined by the Chief Deputy or the authorized

designee

Education and work-release inmates who leave the secure perimeter of the jail to complete

programs should be housed separately from inmates in general population.

There should be no contact between the inmates in general population and those authorized for

education, work, or other release. This is to minimize the risk of introducing contraband into the

jail and to maintain facility security.

508.13 STAFF TRAINING IN CLASSIFICATION

Classification deputies should receive training specific to inmate classification before being

assigned primary classification duties. Individuals not specifically trained in inmate classification

may work in classification provided that they are under the immediate supervision of a trained and

qualified staff member.

Policy

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Conducted Energy Device

509.1 PURPOSE AND SCOPE

This policy provides guidelines for the issuance and use of the TASER® device.

509.2 POLICY

The TASER device is intended to control a violent or potentially violent inmate, while minimizing

the risk of serious injury. It is anticipated that the appropriate use of such a device should result

in fewer serious injuries to custody staff and inmates.

Staff members who have completed office-approved training may be issued a TASER device for

use during the current assignment. Staff members who have been issued a TASER device shall

only use the device consistent with this policy and the Use of Force Policy.

Staff shall only use the TASER device and cartridges that have been issued by the Office. The

device may be carried as part of a uniformed deputy's equipment.

(a)

Each TASER device shall be clearly and uniquely numbered.

(b)

Whenever practicable, deputies should carry two or more TASER device cartridges

on their person at all times when carrying a TASER device.

(c)

Deputies shall be responsible for ensuring that their issued TASER device is properly

maintained and in good working order at all times. Deputies carrying a TASER device

should perform a spark test on the unit prior to every shift.

(d)

Deputies should not hold both a firearm and the TASER device at the same time.

(e)

The TASER device should be marked with a distinctive color or marking to distinguish

it from firearms or any other device

509.3 VERBAL AND VISUAL WARNINGS

A verbal warning of the intended use of the TASER device should precede its application, unless it

would otherwise endanger the safety of staff or when it is not practicable due to the circumstances.

The purpose of the warning is to:

(a) Provide the inmate with a reasonable opportunity to voluntarily comply.

(b) Provide other staff and inmates with a warning that the TASER device may be

deployed.

If, after a verbal warning, an inmate is unwilling to voluntarily comply with a member’s lawful orders

and it appears both reasonable and feasible under the circumstances, the member may, but is

not required to, display the electrical arc (provided that a cartridge is loaded into the device) or

the laser in a further attempt to gain compliance prior to the application of the TASER device. The

aiming laser should never be intentionally directed into the eyes of another as it may permanently

impair his/her vision.

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The fact that a verbal and/or other warning was given or the reasons it was not given shall be

documented by the member deploying the device in the related report.

509.4 USE OF THE TASER DEVICE

As with any correctional equipment, the TASER device has limitations and restrictions requiring

consideration before its use. The TASER device should only be used when its operator can safely

approach the subject within the operational range of the device.

Although the TASER device is generally effective in controlling most individuals, members should

be aware that the device may not achieve the intended results and be prepared with other options.

509.4.1 APPLICATION OF THE TASER DEVICE

Authorized personnel may use the TASER device when circumstances perceived by the member

at the time indicate that such application is reasonably necessary to control an inmate in any of

the following circumstances:

(a) The inmate is violent or is physically resisting.

(b) The inmate has demonstrated an intention to be violent or to physically resist and

reasonably appears to have the potential to harm staff, him/herself or others.

509.4.2 SPECIAL DEPLOYMENT CONSIDERATIONS

The use of the TASER device should generally be avoided on certain individuals unless the totality

of the circumstances indicates that other available options reasonably appear ineffective or would

present a greater danger to the member, the subject, or others, and the member reasonably

believes that the need to control the individual outweighs the risk of using the device. Such

individuals include:

(a) Elderly inmates.

(b) Inmates with obviously low body mass.

(d) Inmates who have been recently sprayed with a flammable chemical agent or who

are otherwise in proximity to any combustible vapor or flammable material, including

alcohol-based oleoresin capsicum (OC) spray.

(e) Inmates whose position or activity may result in collateral injury (e.g., falls from height).

Because the application of the TASER device in the drive-stun mode (i.e., direct contact without

probes) relies primarily on pain compliance, the use of the drive-stun mode generally should be

limited to supplementing the probe-mode to complete the circuit, or as a distraction technique to

gain separation between staff and the subject, thereby giving staff time and distance to consider

force options or actions.

The TASER device shall not be used to torture, psychologically torment, elicit statements from,

or punish any inmate.

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509.4.3 TARGETING CONSIDERATIONS

Reasonable efforts should be made to target lower center mass and avoid intentionally targeting

the head, neck, chest and groin. If the dynamics of a situation or officer safety do not permit the

member to limit the application of the TASER device probes to a precise target area, members

should monitor the condition of the inmate if one or more probes strikes the head, neck, chest or

groin until the inmate is evaluated by qualified medical personnel.

509.4.4 MULTIPLE APPLICATIONS OF THE TASER DEVICE

Members should apply the TASER device for only one standard cycle and then evaluate the

situation before applying any subsequent cycles. Multiple applications of the TASER device

against a single individual are generally not recommended and should be avoided unless the

member reasonably believes that the need to control the individual outweighs the potentially

increased risk posed by multiple applications.

If the first application of the TASER device appears to be ineffective in gaining control of an

inmate and if circumstances allow, the member should consider certain factors before additional

applications of the device, including:

(a) Whether the probes are making proper contact.

(b) Whether the inmate has the ability and has been given a reasonable opportunity to

comply.

Members should generally not intentionally apply more than one TASER device at a time against

a single subject.

509.4.5 DOCUMENTATION

All TASER device discharges shall be documented in the related incident report and on the TASER

device report form. Notification shall be made to a supervisor in compliance with the office Use

of Force Policy. Unintentional discharges, pointing the device at a person, laser activation and

arcing of the TASER device will also be documented on the TASER device report form. Any report

documenting the discharge of the TASER device will include an explanation of the circumstances

surrounding the discharge.

Following the discharge, the onboard TASER device memory will be downloaded through the

data port by a supervisor or Rangemaster and saved with the related incident report. Photographs

of the probe and contact sites should be taken after the inmate has been seen by qualified

medical personnel. Confetti tags should be collected and the expended cartridge along with both

probes and wires should be submitted into evidence for future reference by the member collecting

the cartridge. The cartridge serial number should be noted and documented on the evidence

paperwork. The evidence packaging should be marked “biohazard” if the probes penetrated the

inmate’s skin.

At a minimum the following should be documented:

(a) Identification of all personnel firing TASER devices

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(b) Cartridge serial number

(d) Medical care provided to the inmate

(e) Observations of the inmate’s physical and physiological actions

(f) Any known or suspected drug use, intoxication or other medical problems

The Office should periodically analyze the report forms to identify trends, including deterrence and

effectiveness. The Training Sergeant should also conduct audits of data downloads and reconcile

TASER device report forms with recorded activations. TASER device information and statistics,

with identifying information removed, should periodically be made available to the public.

509.4.6 TASER® CAM™

The TASER is equipped with TASER Cam, which is an audio-video recording device integrated

into the power supply. The TASER Cam is activated anytime the safety is in the off position. The

safety should not be in the off position unless the member intends to use the device and the

guidelines established in this policy are met. Anytime the TASER Cam is activated, the video and

audio data should be downloaded in accordance with office evidence procedures and referenced

in any related report. All video and audio not booked as evidence will be retained for the period

required by established records retention schedules.

509.4.7 PREGNANT INMATES

Application of the TASER device shall not be used on a pregnant inmate (Penal Code § 4023.8). _

509.5 MEDICAL TREATMENT

Deputies may remove TASER device probes from a person’s body, unless it is embedded in a

persons eye, groin, or a female breast. Used TASER device probes shall be considered a sharps

biohazard, similar to a used hypodermic needle, and handled properly. Universal precautions

should be taken accordingly.

All inmates who have been struck by TASER device probes or who have been subjected to the

electric discharge of the device shall be medically assessed prior to continued processing or

housing. Any inmate who falls under any of the following categories should, as soon as practicable,

be examined by qualified medical personnel:

(a) The person is suspected of being under the influence of controlled substances and/

or alcohol.

(b) The person may be pregnant.

(d) The TASER device probes are lodged in a sensitive area (e.g., groin, female breast,

head, face and neck).

(e) The person requests medical treatment.

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Persons who exhibit extreme agitation, violent irrational behavior accompanied by profuse

sweating, extraordinary strength beyond their physical characteristics and imperviousness to pain

(sometimes called “excited delirium”), or who require a protracted physical encounter with multiple

staff to be brought under control, may be at an increased risk of sudden death and should be

examined by qualified medical personnel as soon as practicable. Any individual exhibiting signs

of distress after such an encounter shall be medically cleared.

Any inmate exhibiting signs of distress or who is exposed to multiple or prolonged applications

(e.g., more than 15 seconds) shall be promptly examined by qualified medical personnel or

medically evaluated.

If any individual refuses medical attention, such a refusal should be witnessed by another

member and/or medical personnel and shall be fully documented in related reports.

If an audio recording is made of the contact or an interview with the individual, any refusal should

be included, if possible.

509.6 TRAINING

Personnel who are authorized to carry the TASER device shall be permitted to do so only after

successfully completing the initial office-approved training. Any personnel who have not carried the

TASER device as a part of their assignment for a period of six months or more shall be recertified

by the TASER device instructor approved by this office prior to again carrying or using the device.

Proficiency training for personnel who have been issued TASER devices should occur every year.

A reassessment of a deputy’s knowledge and/or practical skill may be required at any time if

deemed appropriate by the Training Sergeant.

Command staff and supervisors should receive TASER device training as appropriate for the

investigations they conduct and review.

Members who do not carry TASER devices should receive training that is sufficient to familiarize

them with the device and with working with members who use the device.

The Training Sergeant is responsible for ensuring that all members who carry TASER devices

have received initial and annual proficiency training. Periodic audits should be used for verification.

Application of TASER devices during training could result in injury to personnel and should not

be mandatory for certification.

All training and proficiency for TASER devices will be documented in the member’s training file.

The Training Sergeant should ensure that all training includes:

(a) A review of this policy.

(b) A review of the Use of Force Policy.

application of probes near the head, neck, chest and groin.

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(d) Handcuffing a subject during the application of the TASER device and transitioning

to other force options.

(e) Restraint techniques that do not impair respiration following the application of the

TASER device.

(f) De-escalation techniques.

509.6.1 TESTING

All training delivered to the staff should include testing to document that the employee understands

the subject matter presented.

509.7 POLICY

It is the policy of the Monterey County Sheriff's Office to use the TASER device to control violent

or potentially violent inmates. The appropriate use of such a device should result in fewer serious

injuries to staff and inmates.

Policy

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Control of Inmate Movement

510.1 PURPOSE AND SCOPE

The purpose of this policy is to establish a process for the safe and secure movement of inmates

between areas within the facility and transportation from the facility to court, medical appointments,

or other jurisdictions.

510.2 POLICY

The staff should be vigilant in the control and movement of inmates between areas within the

facility and when transporting inmates outside the secure confines of the facility (15 CCR 1029(a)

(6)). Control may be by direct or indirect visual observation. All staff should consider all inmate

movement as a high-risk activity. The staff should be aware of their surroundings at all times and

take necessary steps to prevent the possession and exchange of contraband.

510.3 MOVEMENT OF INMATES

Movement of one or more inmates in the facility should be done in an orderly manner with

inmates walking in a single-file line. Staff members should have situational awareness during the

movement of inmates and should consider the design of the facility, areas of poor visibility, and

the presence of other inmates being moved. The staff should avoid areas where inmates may

have access to contraband items.

510.4 MOVEMENT OF SPECIAL MANAGEMENT INMATES

Inmates should be restrained during movement based upon individual security classification, with

higher risk inmates in handcuffs, waist chains, and leg irons. An exception to this procedure

is when an inmate has a physical disability where restraint devices may cause serious injury.

Pregnant inmates shall be moved in accordance with the Use of Restraints Policy.

Whenever a high-security inmate is not able to be restrained, the staff should compensate by

utilizing wheelchairs and should secure the inmate to the chair. It may also be necessary to

increase the number of staff present to ensure the safe movement of high-security inmates.

The staff should be watchful in and around passageways and ensure that sallyport doors are

secured to prevent escape.

Policy

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Use of Force

511.1 PURPOSE AND SCOPE

This policy provides guidelines on the reasonable use of force. While there is no way to specify

the exact amount or type of reasonable force to be applied in any situation, every member of this

office is expected to use these guidelines to make such decisions in a professional, impartial, and

reasonable manner (Government Code § 7286; 15 CCR 1029(a)(3)).

In addition to those methods, techniques, and tools set forth below, the guidelines for the

reasonable application of force contained in this policy shall apply to all policies addressing the

potential use of force, including but not limited to the Conducted Energy Device, Use of Restraints,

and Electronic Restraints policies.

Retaliation prohibitions for reporting suspected violations are addressed in the Anti-Retaliation

Policy.

511.1.1 DEFINITIONS

Definitions related to this policy include:

Deadly force - Any use of force that creates a substantial risk of causing death or serious bodily

injury, including but not limited to the discharge of a firearm (Penal Code § 835a).

Feasible - Reasonably capable of being done or carried out under the circumstances to

successfully achieve the arrest or lawful objective without increasing risk to the deputy or another

person (Government Code § 7286(a)).

Force - The application of physical techniques or tactics, chemical agents, or weapons to another

person. It is not a use of force when a person allows him/herself to be searched, escorted,

handcuffed, or restrained.

Force team technique - The force team technique ordinarily involves trained members clothed

in protective gear who enter the inmate's area in tandem, each with a specific task, to achieve

immediate control of the inmate.

Serious bodily injury - A serious impairment of physical condition, including but not limited to

the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment

of function of any bodily member or organ; a wound requiring extensive suturing; and serious

disfigurement (Penal Code § 243(f)(4)).

Totality of the circumstances - All facts known to the deputy at the time, including the conduct

of the officer and the individual leading up to the use of force (Penal Code § 835a).

511.2 POLICY

The use of force is a matter of critical concern, both to the public and to the public safety

community. Members are involved on a daily basis in numerous and varied interactions and, when

warranted, may use reasonable force in carrying out their duties.

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Members must have an understanding of, and true appreciation for, their authority and limitations.

This is especially true with respect to overcoming resistance while engaged in the performance

of public safety duties.

The Monterey County Sheriff's Office recognizes and respects the value of all human life and

dignity without prejudice to anyone. Vesting members with the authority to use reasonable force

and to protect the public welfare requires monitoring, evaluation, and a careful balancing of all

interests.

511.2.1 FAIR AND UNBIASED USE OF FORCE

Deputies are expected to carry out their duties, including the use of force, in a manner that is fair

and unbiased (Government Code § 7286(b)).

511.3 USE OF FORCE

Authorized members shall use only that amount of force that reasonably appears necessary

given the facts and totality of the circumstances known to or perceived by the member at the

time of the event to accomplish a legitimate government purpose such as to gain control of

the individual; protect and ensure the safety of inmates, members, and others; prevent serious

property damage; prevent escape; obtain compliance with facility rules and member orders; or to

ensure the institution’s security and good order (Penal Code § 835a).

The reasonableness of force will be judged from the perspective of a reasonable member on

the scene at the time of the incident. Any evaluation of reasonableness must allow for the

fact that members are often forced to make split-second decisions about the amount of force

that reasonably appears necessary in a particular situation, with limited information and in

circumstances that are tense, uncertain, and rapidly evolving.

Given that no policy can realistically predict every possible situation a member might encounter,

members are entrusted to use well-reasoned discretion in determining the appropriate use of

force in each incident. Members may only use a level of force that they reasonably believe is

proportional to the seriousness of the suspected offense or the reasonably perceived level of

actual or threatened resistance (Government Code § 7286(b)).

It is also recognized that circumstances may arise in which members reasonably believe that it

would be impractical or ineffective to use any of the approved or authorized tools, weapons, or

methods provided by this office. Members may find it more effective or reasonable to improvise

their response to rapidly unfolding conditions that they are confronting. In such circumstances, the

use of any improvised device or method must nonetheless be objectively reasonable and utilized

only to the degree that reasonably appears necessary to accomplish a legitimate government

purpose.

While the ultimate objective of every encounter is to avoid or minimize injury, nothing in this policy

requires a member to retreat or be exposed to possible physical injury before applying reasonable

force.

Force shall never be used as punishment.

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511.3.1 FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE

When determining whether to apply force and evaluating whether a member has used reasonable

force, a number of factors should be taken into consideration, as time and circumstances permit

(Government Code § 7286(b)). These factors include but are not limited to:

(a) The apparent immediacy and severity of the threat to members or others (Penal Code

§ 835a).

(b) The conduct of the individual being confronted, as reasonably perceived by the

member at the time (Penal Code § 835a).

sustained, level of exhaustion or fatigue, the number of members available vs.

individuals).

(d) The conduct of the involved member leading up to the use of force (Penal Code §

835a).

(e) The effects of suspected drug or alcohol use.

(f) The individual’s apparent mental state or capacity (Penal Code § 835a).

(g) The individual's apparent ability to understand and comply with deputy commands

(Penal Code § 835a).

(h) The proximity of weapons or dangerous improvised devices.

(i) The degree to which the individual has been effectively restrained and his/her ability

to resist despite being restrained.

(j) The availability of other reasonable and feasible options and their possible

effectiveness (Penal Code § 835a).

(k) The seriousness of the suspected offense or reason for contact with the individual

prior to and at the time force is used.

(l) The training and experience of the member.

(m) The potential for injury to members, inmates, bystanders, and others.

(n) Whether the individual appears to be resisting, attempting to evade arrest by flight, or

is attacking the member.

(o) The risk and reasonably foreseeable consequences of escape.

(p) The apparent need for immediate control of the individual or a prompt resolution of

the situation to maintain or restore order.

(q) Whether the conduct of the individual being confronted no longer reasonably appears

to pose an imminent threat to the member or others.

(r) Prior contacts with the individual or awareness of any propensity for violence.

(s) Any other exigent circumstances.

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511.3.2 DUTY TO INTERCEDE

Any deputy present and observing another law enforcement officer or member using force that is

clearly beyond that which is necessary, as determined by an objectively reasonable deputy under

the circumstances, shall, when in a position to do so, intercede (as defined by Government Code

§ 7286) to prevent the use of unreasonable force.

When observing or reporting force used by a law enforcement officer, each deputy should take

into account the totality of the circumstances and the possibility that other law enforcement officers

may have additional information regarding the threat posed by the subject (Government Code §

7286(b)).

511.3.3 ALTERNATIVE TACTICS - DE-ESCALATION

As time and circumstances reasonably permit, and when community and deputy safety would

not be compromised, deputies should consider actions that may increase deputy safety and may

decrease the need for using force:_

(a) Summoning additional resources that are able to respond in a reasonably timely

manner.

(b) Formulating a plan with responding deputies before entering an unstable situation that

does not reasonably appear to require immediate intervention.

In addition, when reasonable, deputies should evaluate the totality of circumstances presented at

the time in each situation and, when feasible, consider and utilize reasonably available alternative

tactics and techniques that may persuade an individual to voluntarily comply or may mitigate the

need to use a higher level of force to resolve the situation before applying force (Government

Code § 7286(b)). Such alternatives may include but are not limited to:

(a) Attempts to de-escalate a situation.

(b) If reasonably available, the use of crisis intervention techniques by properly

trained personnel.

511.3.4 DUTY TO REPORT EXCESSIVE FORCE

Any deputy who observes a law enforcement officer or a member use force that potentially

exceeds what the deputy reasonably believes to be necessary shall immediately report these

observations to a supervisor (Government Code § 7286(b)).

As used in this section, “immediately” means as soon as it is safe and feasible to do so.

511.3.5 PAIN COMPLIANCE TECHNIQUES

Pain compliance techniques may be effective in controlling a physically or actively resisting

individual. Members may only apply those pain compliance techniques for which they have

successfully completed office-approved training. Members utilizing any pain compliance technique

should consider:

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(a) The degree to which the application of the technique may be controlled given the level

of resistance.

(b) Whether the individual can comply with the direction or orders of the member.

The application of any pain compliance technique shall be discontinued once the member

determines that compliance has been achieved.

511.3.6 RESTRICTIONS ON THE USE OF CAROTID CONTROL HOLD

Deputies of this office are not authorized to use a carotid restraint hold. A carotid restraint means

a vascular neck restraint or any similar restraint, hold, or other defensive tactic in which pressure

is applied to the sides of a person’s neck that involves a substantial risk of restricting blood flow

and may render the person unconscious in order to subdue or control the person (Government

Code § 7286.5).

511.3.7 RESTRICTIONS ON THE USE OF A CHOKE HOLD

Deputies of this office are not authorized to use a choke hold. A choke hold means any defensive

tactic or force option in which direct pressure is applied to a person’s trachea or windpipe

(Government Code § 7286.5).

511.3.8 USE OF FORCE TO SEIZE EVIDENCE

In general, members may use reasonable force to lawfully seize evidence and to prevent the

destruction of evidence. However, members are discouraged from using force solely to prevent

a person from swallowing evidence or contraband. In the instance when force is used, members

should not intentionally use any technique that restricts blood flow to the head, restricts respiration,

or creates a reasonable likelihood that blood flow to the head or respiration would be restricted.

Members are encouraged to use techniques and methods taught by the Monterey County Sheriff's

Office for this specific purpose.

511.3.9 MEDICAL CONSIDERATION

Once it is reasonably safe to do so, properly trained members should promptly provide or procure

medical assistance for any individual injured or claiming to have been injured in a use of force

incident (Government Code § 7286(b)).

511.3.10 FAILURE TO INTERCEDE

A deputy who has received the required training on the duty to intercede and then fails to act to

intercede when required by law may be disciplined in the same manner as the deputy who used

force beyond that which is necessary (Government Code § 7286(b))._

511.3.11 NOTIFICATION TO SUPERVISORS REGARDING USE OF FORCE

Any use of force by a deputy shall be reported immediately to a supervisor (Penal Code § 832.13).

As used in this section, “immediately” means as soon as it is safe and feasible to do so.

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511.3.12 ADDITIONAL RESTRICTIONS

Terms such as “positional asphyxia,” “restraint asphyxia,” and “excited delirium” continue to remain

the subject of debate among experts and medical professionals, are not universally recognized

medical conditions, and frequently involve other collateral or controlling factors such as narcotics

or alcohol influence, or preexisting medical conditions. While it is impractical to restrict a deputy’s

use of reasonable control methods when attempting to restrain a combative individual, deputies

are not authorized to use any restraint or transportation method which might unreasonably impair

an individual’s breathing or respiratory capacity for a period beyond the point when the individual

has been adequately and safely controlled. Once controlled, the individual should be placed into a

recovery position (e.g., supine or seated) and monitored for signs of medical distress (Government

Code § 7286.5).

511.4 USE OF OTHER WEAPONS, TOOLS, AND CHEMICAL AGENTS ON INMATES

511.4.1 NOISE/FLASH DISTRACTION DEVICES

Noise/flash distraction devices, sting grenades, chemical grenades, and similar devices shall be

used only at the direction of a supervisor and only by members who have been trained in and are

qualified for the use of the devices.

511.4.2 ELECTRONIC CONTROL DEVICES

The use of the TASER® device shall be in accordance with the office's Conducted Energy Device

Policy.

The use of other electronic devices, such as stun cuffs, stun vests, and stun belts, shall be in

accordance with the office's Electronic Restraints Policy.

511.4.3 CHEMICAL AGENTS

Chemical agents shall only be used in the facility as authorized by the Chief Deputy

or the authorized designee and in accordance with the office's Chemical Agents Training

Policy. Oleoresin capsicum (OC) spray should not be used in the medical unit or other designated

areas where inmates are assigned to respiratory isolation or on any inmate who is under control

with or without restraints.

Inmates who have been affected by the use of chemical agents shall be promptly provided with

the proper solution to decontaminate the affected areas.

If the inmate refuses to decontaminate, such a refusal shall be documented. If an inmate has

been exposed in a cell and not removed from the cell where the exposure occurred, in-cell

decontamination shall be afforded to the inmate, including:

(a) Health-trained custody member advising the inmate how to decontaminate in the cell.

(b) Clean clothing if the inmate’s clothing was contaminated.

a period of not less than 45 minutes, by health-trained custody member.

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511.4.4 PROJECTILE CHEMICAL AGENTS

Pepper projectile systems are plastic spheres filled with a derivative of OC powder. A compressed

gas launcher delivers the projectiles with enough force to burst the projectiles on impact, releasing

the OC powder. The potential exists for the projectiles to inflict injury if they strike the head,

neck, spine, or groin. Therefore, members deploying the pepper projectile system should not

intentionally target those areas except when the member reasonably believes the inmate may

cause serious bodily injury or death to the member or others. The use of the pepper projectile

system is subject to the following requirements:

(a) Office-approved projectile chemical agents may only be used by members who have

received office-authorized training in their use.

(b) Members encountering a situation that requires the use of the pepper projectile system

shall notify a supervisor as soon as practicable. The supervisor shall respond to all

such deployments. The supervisor shall ensure that all notifications and reports are

completed as required by this policy.

Each deployment of a pepper projectile system shall be documented and, if reasonably

practicable, recorded on video. This includes situations where the launcher was directed toward

the inmate, regardless of whether the launcher was used. Only non-incident deployments are

exempt from the reporting requirement (e.g., training, product demonstrations).

511.4.5 IMPACT WEAPONS

The need to immediately incapacitate the inmate must be weighed against the risk of causing

serious injury or death. The head and neck should not be intentionally targeted with an impact

weapon, except when the member reasonably believes the inmate may cause serious bodily injury

or death to the member or others.

511.4.6 KINETIC ENERGY PROJECTILES

Kinetic energy projectiles, when used properly, are less likely to result in death or serious physical

injury and can be used by a trained and qualified member in an attempt to de-escalate a potentially

deadly situation.

511.4.7 CHEMICAL AGENTS AND PREGNANT INMATES

Pregnant inmates shall not be pepper sprayed or exposed to other chemical weapons (Penal

Code § 4023.8).

511.5 IMMEDIATE AND CALCULATED USE OF FORCE

An immediate use of force occurs when force is used to respond without delay to a situation or

circumstance that constitutes an imminent threat to security or safety. For example, the immediate

or unplanned use of force by a member may be necessary to stop an inmate from inflicting

life-threatening injuries to him/herself or to stop an assault on any other person, including other

inmates. The destruction of government property may require the immediate use of force by a

member in some circumstances. A verbal warning should be given before an immediate use of

force unless the circumstances preclude it.

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If there is no need for immediate action, members should attempt to resolve the situation through

voluntary compliance or, if it reasonably appears necessary, the calculated use of force. A

calculated use of force is called for when an inmate's presence or conduct poses a threat to safety

or security and the inmate is located in an area that can be controlled or isolated, or when time

and circumstances permit advance planning, staffing, and organization.

The assistance of available non-custodial members (e.g., psychologists, counselors) should be

considered when attempting to resolve a situation without confrontation.

A supervisor shall be present in any situation involving the calculated use of force. The supervisor

shall notify the Chief Deputy or the authorized designee for approval and consultation prior to any

calculated use of force action.

511.5.1 CONFRONTATION AVOIDANCE PROCEDURES

Prior to any calculated use of force, the supervisor shall confer with the appropriate persons

to gather pertinent information about the inmate and the immediate situation. Based on the

supervisor’s assessment of the available information, the supervisor should direct the members to

attempt to obtain the inmate’s voluntary cooperation and consider other available options before

determining whether force is necessary.

The supervisor should consider including the following persons and resources in the process:

(a) Mental health specialist

(b) Qualified health care professional

(d) Office Records Division

(e) Any other relevant resources

Regardless of whether discussions with any of the above resources are accomplished by

telephone or in person, the purpose is to gather information to assist in developing a plan of

action, such as the inmate's medical/mental history (e.g., asthma or other breathing-related illness,

hypoglycemia, diabetes), any recent incident reports or situations that may be contributing to the

inmate's present condition (e.g., pending criminal prosecution or sentencing, recent death of a

loved one, divorce). The assessment should include discussions with members who are familiar

with the inmate's background or present status. This may provide insight into the cause of the

inmate's immediate agitation. It also may identify other members who have a rapport with the

inmate and could possibly resolve the incident peacefully, without the use of force.

If force is determined to be necessary and other means of gaining control of an inmate are deemed

inappropriate or ineffective, then the force team technique should be used to control the inmate

and to apply restraints, if required.

Consideration should also be given to preventing exposure to communicable diseases in

calculated use of force situations, and to ensuring that medical services personnel are available.

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511.6 REPORTING THE USE OF FORCE

Every member use of force is an incident that shall be reported on the appropriate report form.

The documentation will reflect the actions and responses of each member participating in the

incident, as witnessed by the reporting member.

The report should include:

(a) A clear, detailed description of the incident, including any application of weapons or

restraints.

(b) The identity of all individuals involved in the incident (e.g., inmates, members, others).

of force was reasonable under the circumstances.

(d) Efforts made to temper the severity of a forceful response, and if there were none,

the reasons why.

(e) Description of any injuries to anyone involved in the incident, including the result of

any medical checks that show the presence or absence of injury.

Any member directly observing the incident shall make a verbal report to a supervisor as soon as

practicable and include as much of the aforementioned information as is known by the member.

Members shall submit the appropriate documentation prior to going off-duty, unless directed

otherwise by a supervisor.

A video recording is required for all calculated use of force incidents and should include the

introduction of all members participating in the process. The recording and documentation will

be part of the investigation package. The supervisor should ensure the recording is properly

processed for retention and a copy is forwarded with the report to the Chief Deputy within three

working days.

The supervisor responsible for gathering the reports may allow a reasonable delay in preparation

of a report in consideration of the immediate psychological and/or physical condition of the involved

member.

The Shift Commander shall promptly notify the Chief Deputy of any incident involving a member

employing deadly force, or any incident where a death or serious bodily injury may have been

caused by a member.

511.6.1 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE

Statistical data regarding all officer-involved shootings and incidents involving use of force

resulting in serious bodily injury is to be reported to the California Department of Justice as required

by Government Code § 12525.2.

511.7 SUPERVISOR RESPONSIBILITIES

A supervisor should respond to a reported application of force resulting in visible injury, if

reasonably available. When a supervisor is able to respond to an incident in which there has been

a reported use of force, the supervisor is expected to (Government Code § 7286(b)):

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(a) Ensure a crime scene is established to preserve and protect evidence, if appropriate.

(b) Ensure that the chain of command is notified and that all necessary health and safety

and security measures are initiated.

or excessive force, this will be considered a routine contact in the normal course of

duties.

(d) Ensure that the appropriate investigation authority is notified, if appropriate.

(e) Ensure that any parties involved in a use of force situation are examined by medical

staff, regardless of whether any injuries are reported or detectable, and afforded

medical treatment as appropriate.

(f) When possible, separately obtain a recorded interview with all individuals upon whom

force was used. If this interview is conducted without the person having voluntarily

waived his/her Miranda rights, the following should apply:

1. The content of the interview should not be summarized or included in any related

criminal charges.

2. The fact that a recorded interview was conducted should be documented in a

property or other report.

3. The recording of the interview should be distinctly marked for retention until all

potential for civil litigation has expired.

(g) Once any initial medical assessment has been completed or first aid has been

rendered, ensure that photographs have been taken of any areas involving visible

injury or complaint of pain, as well as overall photographs of uninjured areas.

1. These photographs should be retained until all potential for civil litigation has

expired.

(h) Identify any witnesses not already included in related reports.

(i) Review and approve all related reports.

(j) Determine if there is any indication that the individual may pursue civil litigation.

1. If there is an indication of potential civil litigation, the supervisor should complete

and route a notification of a potential claim through the appropriate channels.

(k) Evaluate the circumstances surrounding the incident and initiate an administrative

investigation if there is a question of policy noncompliance or if for any reason further

investigation may be appropriate.

In the event that a supervisor is unable to respond to the scene of an incident involving a reported

application of force, the supervisor is still expected to complete as many of the above items as

circumstances permit.

511.8 USE OF DEADLY FORCE

Where feasible, the deputy shall, prior to the use of deadly force, make reasonable efforts to

identify him/herself as a peace officer and to warn that deadly force may be used, unless the

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deputy has objectively reasonable grounds to believe the person is aware of those facts (Penal

Code 835a).

If an objectively reasonable deputy would consider it safe and feasible to do so under the totality

of the circumstances, deputies shall evaluate and use other reasonably available resources and

techniques when determining whether to use deadly force. To the extent that it is reasonably

practical, deputies should consider their surroundings and any potential risks to bystanders prior

to discharging a firearm (Government Code § 7286(b)).

The use of deadly force is only justified when the deputy reasonably believes it is necessary in

the following circumstances (Penal Code § 835a):

(a) A deputy may use deadly force to protect him/herself or others from what he/she

reasonably believes is an imminent threat of death or serious bodily injury to the deputy

or another person.

(b) A deputy may use deadly force to stop an escaping inmate, or stop a fleeing individual,

when the deputy has probable cause to believe that the individual has committed, or

intends to commit, a felony involving the infliction or threatened infliction of serious

bodily injury or death, and the deputy reasonably believes that there is an imminent or

future potential risk of serious bodily injury or death to any other person if the individual

is not immediately apprehended.

Deputies shall not use deadly force against an inmate based on the danger that inmate poses

to him/herself, if an objectively reasonable deputy would believe the inmate does not pose an

imminent threat of death or serious bodily injury to the deputy or to another person (Penal Code

§ 835a).

An “imminent” threat of death or serious bodily injury exists when, based on the totality of the

circumstances, a reasonable deputy in the same situation would believe that an inmate has the

present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury

to the deputy or another person. A deputy's subjective fear of future harm alone is insufficient as

an imminent threat. An imminent threat is one that from appearances is reasonably believed to

require instant attention (Penal Code § 835a).

511.9 USE OF FORCE REVIEW

The Shift Commander shall review all related reports of use of force incidents occurring on his/

her command. The review is to determine whether the use of force was in compliance with policy,

procedure, and applicable law, and to determine if follow-up action or investigation is necessary.

The Shift Commander should also ensure that a review packet containing a copy of all pertinent

reports and materials is prepared and forwarded to the Use of Force Review Committee.

511.10 TRAINING

The Chief Deputy shall work with the Training Sergeant to ensure legal and facility training

mandates are met. This training shall include the following:

(a) Use of force

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(b) Weapons training

(d) Confrontation avoidance procedures:

1. Communication techniques

2. De-escalation techniques

3. Dealing with the mentally ill

4. Application of restraints

(e) Forced cell extraction techniques

(f) Force team techniques

(g) General restraint training (soft and hard restraints)

(h) Reporting procedures

(i) Guidelines regarding vulnerable populations, including but not limited to inmates

who are elderly, pregnant, and inmates with physical, mental, and developmental

disabilities (Government Code § 7286(b))

(j) Training courses required by and consistent with POST guidelines set forth in Penal

Code § 13519.10

The Training Sergeant is responsible for establishing a process to identify deputies who are

restricted from training other deputies for the time period specified by law because of a sustained

use of force complaint (Government Code § 7286(b)).

511.10.1 TRAINING FOR CONTROL DEVICES

The Training Sergeant shall ensure that all personnel who are authorized to carry a control device

have been properly trained and certified to carry the specific control device and are retrained or

recertified, as necessary.

(a) Proficiency training shall be monitored and documented by a certified control-device

weapons or tactics instructor.

(b) All training and proficiency for control devices will be documented in the member’s

training file.

of this policy will be restricted from carrying the control device until demonstrating

proficiency. If a member cannot demonstrate proficiency with a control device or

knowledge of this policy after remedial training, the member may be subject to

discipline.

511.10.2 PERIODIC TRAINING

Members will receive periodic training on this policy and demonstrate their knowledge and

understanding (Government Code § 7286(b)).

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Supervisors should conduct and document regular periodic briefings concerning this policy and

the storage and use of weapons and control devices. Any test sheets or documentation of

performance should be forwarded to the Training Sergeant to be included in the member’s training

file.

511.11 USE OF FORCE COMPLAINTS

The receipt, processing, and investigation of public complaints involving use of force incidents

should be handled in accordance with the Personnel Complaints Policy (Government Code §

7286(b)).

511.12 POLICY REVIEW

The Sheriff or the authorized designee should regularly review and update this policy to reflect

developing practices and procedures (Government Code § 7286(b)).

511.13 POLICY AVAILABILITY

The Sheriff or the authorized designee should ensure this policy is accessible to the public

(Government Code § 7286(c)).

511.14 PUBLIC RECORDS REQUESTS

Requests for public records involving a deputy’s personnel records shall be processed in

accordance with Penal Code § 832.7 and the Personnel Records and Records and Data policies

(Government Code § 7286(b)).

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Use of Restraints

512.1 PURPOSE AND SCOPE

This policy establishes guidelines for the application, supervisory oversight, and restrictions on

the use of restraints on persons incarcerated in this facility.

This policy shall apply to the use of specific types of restraints, such as four/five-point restraints,

restraint chairs, ambulatory restraints, and similar restraint systems, as well as all other restraints,

including handcuffs, waist chains, and leg irons when such restraints are used to restrain any

inmate for prolonged periods.

This policy does not apply to the use of electrical restraints (see the Electronic Restraints Policy).

512.1.1 DEFINITIONS

Definitions related to this policy include:

Clinical restraints - Restraints applied when an inmate's disruptive, assaultive and/or self-

injurious behavior is related to a medical or mental illness. Clinical restraints can include leather,

rubber or canvas hand and leg restraints with contact points on a specialized bed (four/five-point

restraints) or a portable restraint chair.

Therapeutic seclusion - Segregated confinement of an agitated, vulnerable and/or severely

anxious inmate with a serious mental illness as part of his/her treatment when clinically indicated

for preventive therapeutic purposes.

512.2 POLICY

It is the policy of this office that restraints shall be used only to prevent self-injury, injury to others

or property damage. Restraints may also be applied according to inmate classification, such as

maximum security, to control the behavior of a high-risk inmate while he/she is being moved

outside the cell or housing unit.

Restraints shall never be used for retaliation or as punishment. Restraints shall not be utilized

any longer than is reasonably necessary to control the inmate. Restraints are to be applied only

when less restrictive methods of controlling the dangerous behavior of an inmate have failed or

appear likely to fail (15 CCR 1029(a)(4); 15 CCR 1058). Each incident where restraints are used

shall be documented by the handling staff member and placed in the appropriate file prior to the

end of the staff member's shift.

This policy does not apply to the temporary use of restraints, such as handcuffing or the use of

leg irons to control an inmate during movement and transportation inside or outside the facility.

512.3 USE OF RESTRAINTS - CONTROL

Supervisors shall proactively oversee the use of restraints on any inmate. Whenever feasible,

the use of restraints, other than routine use during transfer, shall require the approval of the

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Shift Commander prior to application. In instances where prior approval is not feasible, the Shift

Commander shall be apprised of the use of restraints as soon as practicable.

Restraint devices, such as restraint chairs, shall only be used on an inmate when it reasonably

appears necessary to overcome resistance, prevent escape, or bring an incident under control,

thereby preventing injury to the inmate or others, or eliminating the possibility of property damage.

Restraints shall not be utilized any longer than is reasonably necessary to achieve the above goals.

Excluding short-term use to gain immediate control, placing an inmate in a restraint chair or other

restraints for extended periods requires approval from the Chief Deputy or the authorized designee

prior to taking action. The medical staff shall be called to observe the application of the restraints,

when feasible, prior to the application or as soon as practicable after the application, and to check

the inmate for adequate circulation.

The use of restraints for purposes other than for the controlled movement or transportation of an

inmate shall be documented on appropriate logs to include, at a minimum, the type of restraint

used, when it was applied, a detailed description of why the restraint was needed, and when it

was removed (15 CCR 1058).

The following provisions shall be followed when utilizing restraints to control an inmate (15 CCR

1058):

(a) Restraints shall not be used as punishment, placed around a person's neck, or applied

in a way that is likely to cause undue physical discomfort or restrict blood flow or

breathing (e.g., hog-tying).

(b) Restrained inmates shall not be placed face down or in a position that inhibits

breathing.

emergency measure. A person who is being transported shall not be locked in any

manner to any part of the transporting vehicle except for items installed for passenger

safety, such as seat belts.

(d) Inmates in restraints shall be housed either alone or in an area designated for

restrained inmates.

(e) Restraints shall be applied for no longer than is reasonably necessary to protect the

inmate or others from harm.

(f) Staff members shall conduct direct face-to-face observation at least twice every

30 minutes on an irregular schedule to check the inmate’s physical well-being and

behavior. Restraints shall be checked to verify correct application and to ensure they

do not compromise circulation. All checks shall be documented, with the actual time

recorded by the person doing the observation, along with a description of the inmate's

behavior. Any actions taken should also be noted in the log.

(g) The specific reasons for the continued need for restraints shall be reviewed,

documented, and approved by the Chief Deputy or the Shift Commander at least every

hour.

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(h) Within one hour of placement in restraints, a qualified health care professional shall

document an opinion regarding the placement and retention of the restraints.

(i) As soon as practicable, but within four hours of placement in restraints, the inmate shall

be medically assessed to determine whether he/she has a serious medical condition

that is being masked by the aggressive behavior. The medical assessment shall be a

face-to-face evaluation by a qualified health care professional.

(j) As soon as practicable, but within eight hours of placement in restraints, the inmate

must be evaluated by a mental health professional to assess whether the inmate

needs immediate and/or long-term mental health treatment. If the Chief Deputy, or the

authorized designee, in consultation with responsible health care staff determines that

an inmate cannot be safely removed from restraints after eight hours, the inmate shall

be taken to a medical facility for further evaluation.

512.3.1 COURT APPROVAL

Prior judicial approval should be obtained for the use of restraints when the inmate is in court if

the restraints will be visible to a jury.

512.4 RANGE OF MOTION

Inmates placed in restraints for longer than two hours should receive a range-of-motion procedure

that will allow for the movement of the extremities. Range-of-motion exercise will consist of

alternate movement of the extremities (i.e., right arm and left leg) for a minimum of 10 minutes

every two hours.

512.5 FOOD, HYDRATION, AND SANITATION

Inmates who are confined in restraints shall be given food and fluids. Provisions shall be made to

accommodate any toileting needs at least once every two hours. Food shall be provided during

normal meal periods. Hydration (water or juices) will be provided no less than once every two

hours or when requested by the inmate.

Offering food and hydration to inmates will be documented to include the time, the name of the

person offering the food or water/juices, and the inmate’s response (receptive, rejected). Inmates

shall be provided the opportunity to clean themselves or their clothing while they are in restraints.

512.6 AVAILABILITY OF CPR EQUIPMENT

CPR equipment, such as barrier masks, shall be provided by the facility and located in proximity

to the location where inmates in restraints are held.

512.7 RESTRAINED INMATE HOLDING

Restrained inmates should be protected from abuse by other inmates. Under no circumstances will

restrained inmates be housed with inmates who are not in restraints. In most instances, restrained

inmates are housed alone or in an area designated for restrained inmates (15 CCR 1058).

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512.8 PREGNANT INMATES

Restraints will not be used on inmates who are known to be pregnant unless based on an

individualized determination that restraints are reasonably necessary for the legitimate safety and

security needs of the inmate, the staff, or the public. Should restraints be necessary, the restraints

shall be the least restrictive available and the most reasonable under the circumstances.

Inmates who are known to be pregnant will not be handcuffed behind their backs or placed in

waist restraints or leg irons.

Once pregnancy has been confirmed, a pregnant inmate should be advised of the policies and

procedures regarding the restraint of pregnant inmates (Penal Code § 3407; 15 CCR 1058.5).

512.8.1 INMATES IN LABOR

No inmate who is in labor, delivery, or recovery from a birth shall be restrained by the use of leg

restraints/irons, waist restraints/chains, or handcuffs behind the body (Penal Code § 3407; 15

CCR 1058.5).

No inmate who is in labor, delivering, or recovering from a birth shall be otherwise restrained

except when all of the following exist (Penal Code § 3407; 15 CCR 1058.5):

(a) There is a substantial flight risk or some other extraordinary medical or security

circumstance that dictates restraints be used to ensure the safety and security of the

inmate, the staff of this or the medical facility, other inmates, or the public.

(b) A supervisor has made an individualized determination that such restraints are

necessary to prevent escape or injury.

(d) The restraints used are the least restrictive type and are used in the least restrictive

manner.

Restraints shall be removed when medical staff responsible for the medical care of the pregnant

inmate determines that the removal of restraints is medically necessary (Penal Code § 3407).

The supervisor should, within 10 days, make written findings specifically describing the type of

restraints used, the justification, and the underlying extraordinary circumstances.

512.9 WRAP

The following provisions shall be followed when utilizing the WRAP restraint to control an inmate:

(a) Individuals placed in the WRAP shall be under constant supervision for the entire time

they are in the WRAP.

(b) Inmates shall not be placed in a restraint chair for longer than six consecutive hours.

exercise their arms and hands in a range of motion exercise (to prevent circulatory

problems). A shift supervisor and medical staff shall oversee the exercise.

(d) If unsuccessful in allowing inmates to exercise their arms and hands in a range of

motion exercise, safety staff shall explain on the observation log why extremities could

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not be exercised and a shift supervisor shall be notified. Consistent failure to adhere

to restraint chair policies may result in additional training and/or discipline.

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Electronic Restraints

513.1 PURPOSE AND SCOPE

This policy establishes guidelines for the application, supervisory oversight and restrictions on the

use of electronic restraints on persons incarcerated in this facility, during transportation of inmates

and during court appearances.

513.2 POLICY

The Monterey County Sheriff's Office allows the use of office-issued electronic restraints as

provided in this policy.

513.3 MEMBER RESPONSIBILITIES

Members shall successfully complete office-approved training prior to using any electronic

restraint device. Only office-issued electronic restraint devices shall be used.

Members should perform a function test on the device prior to placing it on an inmate. The Shift

Commander shall ensure that all electronic restraint devices are properly maintained and in good

working order.

When an electronic restraint device is used during a court appearance, the staff member should

inform the court that an inmate with an electronic restraint device is present. The member should

briefly explain the operation of the device to the judge.

513.4 VERBAL WARNING

A verbal warning of the intended use of the electronic restraint device should precede its

application, unless it would otherwise endanger the safety of staff members or when it is not

practicable due to the circumstances. The warning is intended to provide the inmate with an

opportunity to comply. The fact that a verbal or other warning was given or the reasons it was not

given shall be documented by the member deploying the device.

513.5 APPLICATION

Prior to applying the electronic restraint device to an inmate, the member should describe its

operation and caution the inmate about behaviors that may result in its activation.

Although the electronic restraint device is generally effective in controlling most inmates, members

should be aware that it may not achieve the intended result, and that they should be prepared

with other options.

The electronic restraint device may be used in the following circumstances, when the

circumstances perceived by the member at the time indicate that such application is reasonably

necessary to:

(a) Prevent self-injury, suicide, escape, injury to others or property damage.

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(b) Control the behavior of a high-risk inmate who is being moved outside a cell or housing

unit or transported outside the facility.

513.5.1 MULTIPLE APPLICATIONS

Members should activate the electronic restraint device for only one standard cycle and then

evaluate the situation before applying any subsequent cycles. Multiple applications of an electronic

restraint device or for more time than is necessary to control the inmate are generally not

recommended and should be avoided unless the member reasonably believes that the need to

control the inmate outweighs the potentially increased risk posed by multiple applications.

If the first application of the electronic restraint device appears to be ineffective in gaining control

of an inmate, the member should consider certain factors before additional applications, including

whether the inmate has the ability to comply and has been given a reasonable opportunity to

comply.

513.5.2 SPECIAL CONSIDERATIONS

Electronic restraint devices should not be used on:

(a) Inmates who are known to be pregnant.

(b) Elderly or infirm inmates.

(d) Inmates who have been recently sprayed with a flammable chemical agent or who are

otherwise in close proximity to any known combustible vapor or flammable material,

including alcohol-based oleoresin capsicum (OC) spray.

(e) Inmates whose position or activity may result in collateral injury (e.g., falls from height,

running).

Because the application of the electronic restraint device relies primarily on pain compliance, its

use generally should be limited to a distraction technique to gain separation between the member

and the inmate, or to disrupt an inmate's violent or unruly behavior, thereby giving members time

and distance to consider other force options or actions.

The electronic restraint device shall not be used to psychologically torment, elicit statements,

retaliate against or punish any inmate.

513.6 DOCUMENTATION

Members shall document each incident where electronic restraints are placed on an inmate or

are activated. Notification shall also be made to a supervisor in compliance with the Use of Force

Policy. Unintentional activations will also be documented.

513.7 MEDICAL TREATMENT

All inmates who have been subjected to the electric discharge of an electronic restraint device

should have the contact site medically assessed before further incarceration.

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Additionally, any inmate who falls under any of the following categories should, as soon as

practicable, be examined by a qualified health care professional:

(a) The inmate is suspected of being under the influence of controlled substances and/

or alcohol.

(b) The inmate may be pregnant.

(d) The inmate requests medical treatment.

If any inmate refuses medical attention, such a refusal should be witnessed by another staff

member and/or medical personnel and shall be fully documented. If an audio recording is made

of the contact or an interview with the inmate, any refusal should be included, if possible.

Members shall inform any person providing medical care or receiving custody that the inmate has

been subjected to the activation of an electronic restraint device.

513.8 SUPERVISOR RESPONSIBILITIES

Supervisor approval is necessary before an electronic restraint device is placed on an inmate. A

supervisor should respond to all incidents where an electronic restraint device was activated.

A supervisor should review each incident where an inmate has been exposed to an activation of

an electronic restraint device. Any onboard memory should be downloaded by a supervisor and

retained with the inmate's file.

Photographs of contact sites should be taken and witnesses interviewed.

513.9 TRAINING

Training should be consistent with recommendations made by the particular device manufacturer

or any state requirements.

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Searches

514.1 PURPOSE AND SCOPE

The purpose of this policy is to provide clear direction on maintaining the safety and security of

the facility by conducting searches, in balance with protecting the rights afforded by the United

States Constitution.

The introduction of contraband, intoxicants or weapons into the Monterey County Sheriff's Office

facility poses a serious risk to the safety and security of staff, inmates, volunteers, contractors and

the public. Any item that is not available to all inmates may be used as currency by those who

possess the item, and will allow those in possession of the item to have control over other inmates.

Any item that may be used to disengage a lock, other electronic security devices or the physical

plant itself, seriously jeopardizes the safety and security of this facility. Carefully restricting the

flow of contraband into the facility can only be achieved by thorough searches of inmates and

their environment.

Nothing in this policy is intended to prohibit the otherwise lawful collection of trace evidence from

an inmate/arrestee.

514.1.1 DEFINITIONS

Definitions related to this policy include:

Contraband - Anything unauthorized for inmates to possess or anything authorized to possess

but in an unauthorized quantity.

Modified strip search - A search that requires a person to remove or rearrange some of his/

her clothing that does not include a visual inspection of the breasts, buttocks or genitalia of the

person but may include a thorough tactile search of an inmate’s partially unclothed body. This also

includes searching the inmate’s clothing once it has been removed.

Pat-down search - The normal type of search used by deputies within this facility to check an

individual for weapons or contraband. It involves a thorough patting down of clothing to locate any

weapons or dangerous items that could pose a danger to the deputy, the inmate or other inmates.

Physical body cavity search - A search that includes a visual inspection and may include

physical intrusion into a body cavity. Body cavity means the stomach or rectal cavity of a person,

and the vagina of a female person.

Strip search - A search that requires a person to remove or rearrange some or all of his/

her clothing to permit a visual inspection of the underclothing, breasts, buttocks, anus or outer

genitalia of the person. This includes monitoring of a person showering or changing clothes where

the person’s underclothing, buttocks, genitalia or female breasts are visible to the monitoring

employee.

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514.2 POLICY

It is the policy of this office to ensure the safety of staff, inmates and visitors by conducting effective

and appropriate searches of inmates and areas within the facility in accordance with applicable

laws (15 CCR 1029(a)(6)).

Searches shall not be used for intimidation, harassment, punishment or retaliation.

514.3 PAT-DOWN SEARCHES

Pat-down searches will be performed on all inmates/arrestees upon entering the secure booking

area of the facility. Additionally, pat-down searches should occur frequently within the facility. At

a minimum, the staff shall conduct pat-down searches in circumstances that include:

(a) When inmates leave their housing units to participate in activities elsewhere in the

facility (e.g., exercise yard, medical, program, visiting) and when they return.

(b) When inmates leave their housing units to participate in activities outside of the facility

(e.g., court, medical appointment) and when they return.

(d) When inmates come into contact with other inmates housed outside of their housing

units, such as work details.

(e) Any time the staff believes the inmates may have contraband on their person.

Except in emergencies, male staff may not pat down female inmates and female staff may not pat

down male inmates. Absent the availability of a same sex staff member, it is recommended that a

witnessing staff member be present during any pat-down search of an individual of the opposite

sex. All cross-gender pat-down searches shall be documented (28 CFR 115.15).

514.4 MODIFIED STRIP SEARCHES, STRIP SEARCHES AND PHYSICAL BODY CAVITY

SEARCHES

Deputies will generally consider the reason for the search, the scope, intrusion, manner and

location of the search, and will utilize the least invasive search method to meet the need for the

search.

514.4.1 STRIP SEARCHES PRIOR TO PLACEMENT IN A HOUSING UNIT

Strip searches prior to placement in a housing unit shall be conducted as follows:

(a) No person held prior to placement in a housing unit shall be subjected to a modified

strip search or strip search unless there is reasonable suspicion based upon specific

and articulable facts to believe the person has a health condition requiring immediate

medical attention or is concealing a weapon or contraband. Factors to be considered

in determining reasonable suspicion include, but are not limited to:

1. The detection of an object during a pat-down search that may be a weapon or

contraband and cannot be safely retrieved without a modified strip search or

strip search.

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2. Circumstances of a current arrest that specifically indicate the person may be

concealing a weapon or contraband. A felony arrest charge or being under the

influence of a controlled substance should not suffice as reasonable suspicion

absent other facts.

3. Custody history (past possession of contraband while in custody, assaults on

staff, escape attempts, etc.).

4. The person’s actions or demeanor.

5. Criminal history (level of experience in a custody setting, etc.).

(b) No modified strip search or strip search of an inmate shall be conducted prior to

admittance to a housing unit without prior authorization from theshift Sergeant

1. Document the name and sex of the person subjected to the strip search.

2. Document the facts that led to the decision to perform a strip search of the

inmate.

3. Document the reasons less intrusive methods of searching were not used or

were insufficient.

4. Document the supervisor’s approval.

5. Document the time, date and location of the search.

6. Document the names, sex and roles of any staff present.

7. Itemize in writing all contraband and weapons discovered by the search.

8. Process all contraband and weapons in accordance with the office’s current

evidence procedures.

9. If appropriate, complete a crime report and/or disciplinary report.

10. Ensure the documentation is placed in the inmate’s file. A copy of the written

authorization shall be retained and made available to the inmate or other

authorized representative upon request.

514.4.2 STRIP SEARCHES UPON ENTRY INTO A HOUSING UNIT

Strip searches will be conducted on all inmates upon admission into a housing unit.

Arrestees who are eligible for release or who will be released when they are no longer intoxicated

will not be placed into a housing unit or have unmonitored or unsupervised contact with previously

housed inmates.

Arrestees who are arranging bail shall be permitted a reasonable period of time, not less than 12

hours, before being placed in a housing unit.

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514.4.3 MODIFIED STRIP SEARCHES AND STRIP SEARCHES OF INMATES IN A

HOUSING UNIT

A strip search of an inmate in a housing unit should be conducted when the inmate has entered

an environment where contraband or weapons may be accessed. This includes, but is not limited

to, the following:

(a)

Upon return from contact visits

(b)

Upon leaving the kitchen, shop, farm, etc.

(c)

Upon return to the housing unit from outside the confines of the facility (court, work-

release, work detail, medical visits)

Inmates returning from court with release orders shall not be subject to strip searches or modified

strip searches unless the reasonable suspicion exists based on specific and articulable facts that

the person is concealing a weapon or contraband. The inmate should not be returned to the

housing unit, except for retrieving his/her personal property under the direct visual supervision

of staff.

Staff members may conduct modified strip searches and strip searches of inmates outside the

above listed circumstances only with supervisor approval. Staff members and supervisors must

make a determination to conduct a strip search by balancing the scope of the particular search,

intrusion, the manner in which it is conducted, the justification for initiating it and the place in which

it is conducted. Less invasive searches should be used if they would meet the need for the search.

For example, a pat-down or modified strip search may be sufficient as an initial effort to locate a

larger item, such as a cell phone.

The staff member conducting a modified strip or strip search outside the above listed

circumstances shall:

•

Document in writing the facts that led to the decision to perform a strip search of the

inmate.

•

Document the reasons less intrusive methods of searching were not used or were

insufficient.

•

Document the supervisor’s approval.

•

Document the time, date and location of the search.

•

Document the names of staff present, their sex and their roles.

•

Itemize in writing all contraband and weapons discovered by the search.

•

Process all contraband and weapons in accordance with the office’s current evidence

procedures.

•

If appropriate, complete a crime report and/or disciplinary report.

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•

Ensure the completed documentation is placed in the inmate’s file. A copy of the written

authorization shall be retained and made available to the inmate or other authorized

representative upon request.

514.4.4 MODIFIED STRIP SEARCH AND STRIP SEARCH PROCEDURES

All modified strip searches and strip searches shall be conducted in a professional manner under

sanitary conditions and in an area of privacy so that the search cannot be observed by persons

not participating in the search.

Unless conducted by a qualified health care professional or in case of an emergency, a modified

strip search or strip search shall be conducted by staff members of the same sex as the person

being searched (Penal Code § 4030). Any cross-gender modified strip searches and cross-gender

strip searches shall be documented (28 CFR 115.15).

Whenever possible, a second staff member of the same sex should be present during the search

for security purposes and to witness the discovery of evidence.

The staff member conducting a strip search shall not touch the breasts, buttocks or genitalia of

the person being searched. These areas may be touched through the clothing during a modified

strip search.

(a)

The searching staff member will instruct the inmate to:

Remove his/her clothing.

Raise his/her arms above the head and turn 360 degrees.

Bend forward and run his/her hands through his/her hair.

Turn his/her head first to the left and then to the right so the searching deputy

can inspect the inmate’s ear orifices.

Open his/her mouth and run a finger over the upper and lower gum areas, then

raise the tongue so the deputy can inspect the interior of the inmate’s mouth.

Remove dentures if applicable.

Turn around and raise one foot first, then the other so the deputy can check the

bottom of each foot.

For a visual cavity search, turn around, bend forward and spread the buttocks

if necessary to view the anus.

(b)

At the completion of the search, the inmate should be instructed to dress in either his/

her street clothes or jail-supplied clothing, as appropriate.

514.4.5 PHYSICAL BODY CAVITY SEARCH

Physical body cavity searches shall be completed as follows:

(a)

No person shall be subjected to a physical body cavity search without the approval of

the Chief Deputy or the authorized designee and only with the issuance of a search

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warrant. A copy of any search warrant and the results of the physical body cavity

search shall be included with the related reports and made available, upon request,

to the inmate or authorized representative (except for those portions of the warrant

ordered sealed by a court).

(b)

Only a physician may conduct a physical body cavity search. Except in exigent

circumstances, only a physician who is not responsible for providing ongoing care to

the inmate may conduct the search (15 CCR 1206(o)).

(c)

Except for the physician conducting the search, persons present must be of the same

sex as the person being searched. Only the necessary staff needed to maintain the

safety and security of the medical personnel shall be present (Penal Code § 4030).

(d)

Privacy requirements, including restricted touching of body parts and sanitary

condition requirements are the same as required for a strip search.

(e)

All such searches shall be documented including:

The facts that led to the decision to perform a physical body cavity search of

the inmate.

The reasons less intrusive methods of searching were not used or were

insufficient.

The Chief Deputy’s approval.

A copy of the search warrant.

The time, date and location of the search.

The medical personnel present.

The names, sex and roles of any staff present.

Any contraband or weapons discovered by the search.

(f)

Completed documentation should be placed in the inmate’s file. A copy of the written

authorization shall be retained and made available to the inmate or other authorized

representative upon request.

(g)

All contraband and weapons should be processed in accordance with the office’s

current evidence procedures.

(h)

If appropriate, the staff member shall complete a crime report and/or disciplinary

report.

514.4.6 BODY SCANNER SEARCH

All arrestees will be subject to a body scan prior to being placed in housing. Inmates turning

themselves in on a commitment shall be scanned prior to being placed in a booking cell. These

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actions are to prevent the introduction of contraband and to ensure the safety and security of staff,

inmates, and the public.

(a) Only successfully trained staff shall operate the Soter-RS body scanner.

(b) All persons conducting the body scan or within sight of the visual display (e.g., monitor,

image) shall be the same sex as the inmate being scanned, with the exception of

physicians or licensed medical personnel. Body scan viewing monitors or generated

images shall only be viewed by authorized personnel (Sworn staff, medical staff) and

shall not be in direct view of inmates.

information sheet.

(d) Inmates shall not be scanned if:

(a) An inmate is utilizing a wheel chair and has limited ability to stand on his/her own.

(b) Inmates who are or may be pregnant, unless cleared by medical staff after a pregnancy

test reveals otherwise

(d) Inmates who have a pacemaker.

(e) The images produced by the body scanner shall not be printed or disclosed with the

following exceptions:

1. Medically necessary

2. Necessary for the removal of contraband

3. For training purposes

4. Court order

(f) All positive scans (Those with detected contraband) will have notations made in the

comments text box. These images will also be marked as “positive” in the box on the

operator’s screen.

(g) All positive scans, refusal to be scanned and/or scans that lead to an individual being

transported to a hospital or held in a cell for observation shall be documented in an

incident report.

514.5 TRANSGENDER SEARCHES

Staff shall not search or physically examine a transgender or intersex inmate for the sole purpose

of determining genital status (see Prison Rape Elimination Act Policy for transgender and intersex

definitions). If genital status is unknown, it may be determined during conversations with the

inmate, by reviewing medical records or, if necessary, by obtaining that information as part of

a broader medical examination conducted in private by a qualified health care professional (28

CFR 115.15).

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514.6 CONTRABAND SEARCHES

The staff shall always be alert to the possible presence of contraband and shall take immediate

action to seize the contraband when practicable. There are several types of searches that

contribute to contraband control and to maintaining a safe and secure environment.

514.7 HOUSING UNIT SEARCHES

Housing unit searches shall occur as directed by a supervisor. These searches should include

all of the living spaces occupied by inmates. Housing unit searches should be scheduled in a

manner that does not create a pattern where the inmates can predict such searches. During a

housing unit search:

(a) All inmates shall vacate their living areas and be searched by staff.

(b) Inmates should be escorted to a separate holding area, such as the recreation yard.

areas, bunks and other areas with inmate access.

(d) Any weapons or contraband located shall be processed in accordance with the current

evidence procedures.

(e) The staff shall attempt to identify the inmate who possessed the contraband and file

appropriate inmate discipline and/or crime reports.

(f) Any alcoholic beverage possessed by inmates shall be seized and the appropriate

inmate disciplined and/or criminal charges filed.

(g) Any authorized item found in excess of the limited quantity (e.g., food items,

newspapers) shall be seized and discarded.

At the conclusion of the housing unit search, closely supervised inmate workers should clean

the unit. All authorized inmate personal property shall be respected and living areas should be

returned to an orderly condition.

514.8 PHYSICAL PLANT SEARCHES

The following areas of this facility shall be periodically searched for contraband:

(a)

Exercise yards shall be searched for contraband prior to and after each inmate group

occupies the yard.

(b)

Holding cells shall be searched prior to and after each inmate occupies the cell.

(c)

Program areas, such as classrooms and multipurpose rooms shall be searched after

each use by an inmate or inmate group.

(d)

Laundry areas shall be searched before and after each inmate group occupies the

area.

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(e)

Kitchen areas shall be frequently searched for contraband and to account for tools,

knives and food items.

(f)

Inmate visiting and public areas shall be frequently inspected for contraband.

(g)

The facility perimeter shall be searched at least once each shift for contraband.

514.8.1 CANINE-ASSISTED SEARCHES

It is the policy of this facility to use canines to assist the staff in searching for contraband. Such

searches shall occur only with the approval of a supervisor. Only canines trained in the detection

of contraband, such as drugs, alcohol and weapons, will be allowed within the secure perimeter of

the facility. Canines trained solely in crowd control or to assist in physically subduing individuals

will not be used in the facility.

Canines will generally be used to assist the staff in general physical plant or living area searches.

Contact between inmates and canines should be kept to a minimum (see the Canines Policy).

514.9 CRIMINAL EVIDENCE SEARCHES

The Chief Deputy or the authorized designee shall be notified, as soon as practicable, any time it

is suspected that a crime has been committed in the facility or other area controlled by the facility

staff, and there is a need to search for evidence related to the crime.

Any evidence collected in connection with an alleged crime shall be reported, documented and

stored to protect it from contamination, loss or tampering, and to establish the appropriate chain

of custody. A search for evidence may be conducted by staff whenever there is a need for such

action.

514.10 TRAINING

The Training Sergeant shall provide training for staff in how to conduct pat-downs, modified strip

searches and strip searches in a professional and respectful manner and in the least intrusive

manner possible, consistent with facility security needs. This training shall include cross-gender

pat downs and searches, as well as searches of transgender and intersex inmates (28 CFR

115.15).

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Reporting In-Custody Deaths

515.1 PURPOSE AND SCOPE

This policy provides direction on how in-custody deaths shall be reported._

515.1.1 DEFINITIONS

Definitions related to this policy include:

In-custody death - The death of any person, for whatever reason (natural, suicide, homicide,

accident), who is in the process of being booked or is incarcerated at any facility of this office.

515.2 POLICY

It is the policy of this office to follow state and local guidelines for reporting in-custody deaths (15

CCR 1046).

515.3 MANDATORY REPORTING

All in-custody deaths shall be reported within 10 days of the death to the state Attorney General's

office, in accordance with reporting guidelines and statutory requirements (Government Code §

12525).

If the decedent is a boarder for another agency, the Chief Deputy shall notify that agency so that

agency will assume responsibility for the notification of the decedent's family.

Pursuant to Article 37 of the Vienna Convention on Consular Relations 1963, in the case of the

death of a foreign national, telephonic notification to the appropriate consulate post should be

made without unreasonable delay and confirmatory written notification shall be made within 72

hours of the death to the appropriate consulate post. The notification shall include the inmate's

name, identification number, date and time of death, and the attending physician's name.

In the event that a juvenile dies while in custody, the Chief Deputy or the authorized designee

shall notify the court of jurisdiction and the juvenile offender's parent or guardian (15 CCR 1047).

A copy of the report provided to the state Attorney General's office shall be submitted to the Board

of State and Community Corrections within 10 days of the death (15 CCR 1046(b)(1)).

The Sheriff or the authorized designee should ensure that all specified information relating to

the in-custody death is posted on the office's website as prescribed and within the timeframes

provided in Government Code § 10008.

515.4 PROCEDURE

Upon determining that a death of any person has occurred while in the custody of this office,

the Shift Commander is responsible for ensuring that the Sheriff and all appropriate investigative

authorities, including the Coroner, are notified without delay and all written reports are completed.

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The Shift Commander shall also promptly notify the Chief Deputy and make any other notifications

required by policy or direction. The Chief Deputy shall observe all pertinent laws and allow

appropriate investigating agencies full access to all facts surrounding the death.

The Office shall establish policies and procedures for the investigation of any in-custody death.

The decedent’s personal belongings shall be disposed of in a responsible and legal manner. All

property and records shall be retained according to established records retention schedules.

The individual designated by the decedent shall be notified of all pertinent information as required

by law.

During an investigation, all inquiries regarding the death shall be referred to the Public Information

Officer. Deputies shall not make a public comment.

515.5 IN-CUSTODY DEATH REVIEW

The Sheriff is responsible for establishing a team of qualified staff to conduct an administrative

review of every in-custody death. At a minimum, the review team should include the following (15

CCR 1046(a); 15 CCR 1030):

(a) Sheriff and/or the Chief Deputy

(b) County Counsel

(d) Investigative staff

(e) Responsible Physician, qualified health care professionals, supervisors, or other staff

who are relevant to the incident

The in-custody death review should be initiated as soon as practicable but no later than 30 days

after the incident. The team should review the appropriateness of clinical care, determine whether

changes to policies, procedures, or practices are warranted, and identify issues that require further

study (15 CCR 1046(a)).

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Staff and Inmate Contact

516.1 PURPOSE AND SCOPE

Interaction with inmates allows for continual assessment of the safety and security of the facility

and the health and welfare of the inmates. However, inappropriate interaction can undermine

security and order in the facility and the integrity of the supervision process.

This policy provides guidelines for appropriate and professional interaction between members and

inmates, and is intended to promote high ethical standards of honesty, integrity and impartiality

as well as increase facility safety, discipline and morale.

Violation of this policy may result in disciplinary action up to and including dismissal. Members who

seek information or clarification about the interpretation of this policy are encouraged to promptly

contact their supervisor.

516.2 POLICY

The Chief Deputy shall ensure that inmates have adequate ways to communicate with staff and

that the staff communicates and interacts with inmates in a timely and professional manner.

516.3 GENERAL CONTACT GUIDELINES

Members are encouraged to interact with the inmates under their supervision and are expected

to take prompt and appropriate action to address health and safety issues that are discovered or

brought to their attention.

All members should present a professional and command presence in their contact with inmates.

Members shall address inmates in a civil manner. The use of profanity, and derogatory or

discriminatory comments is strictly prohibited.

Written communication (e.g., request forms, inmate communication, grievances, rules infraction

forms, disciplinary reports) shall be answered in a timely manner. Such communication shall be

filed with the inmate’s records.

Members shall not dispense legal advice or opinions, or recommend attorneys or other

professional services to inmates.

While profanity and harsh language are discouraged, the Office recognizes the necessity for staff

to give inmates direction in a firm, determined, and authoritative manner in order to maintain

proper supervision and control. Authoritative directions to inmates are particularly instructed when

activities or events pose a threat to the safety or security of this facility.

516.4 ANTI-FRATERNIZATION

Personal or other interaction not pursuant to official duties between facility staff with current

inmates, inmates who have been discharged within the previous year, their family members or

known associates have the potential to create conflicts of interest and security risks in the work

environment.

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Members shall not knowingly maintain a personal or unofficial business relationship with any

persons described in this section unless written permission is received from the Chief Deputy.

Prohibited interactions include, but are not limited to:

(a) Communications of a sexual or romantic nature.

(b) Salacious exchanges.

(d) Exchanging letters, phone calls or other similar communications, such as texting.

(e) Exchanging money or other items.

(f) Extending privileges, giving or accepting gifts, gratuities or favors.

(g) Bartering.

(h) Any financial transactions.

(i) Being present at the home of an inmate for reasons other than an official visit without

reporting the visit.

(j) Providing an inmate with the staff member's personal contact information, including

social media accounts.

516.4.1 EXCEPTIONS

The Chief Deputy may grant a written exception to an otherwise prohibited relationship on a case-

by-case basis based upon the totality of the circumstance. In determining whether to grant an

exception, the Chief Deputy should give consideration to factors including, but not limited to:

•

Whether a relationship existed prior to the incarceration of the inmate.

•

Whether the relationship would undermine security and order in the facility and the

integrity of the supervision process.

•

Whether the relationship would be detrimental to the image and efficient operation of

the facility.

•

Whether the relationship would interfere with the proper discharge of, or impair

impartiality and independence of, judgment in the performance of duty.

516.5 REPORTING

Members shall promptly report all attempts by inmates to initiate sexual acts or any salacious

conversations, and forward any correspondence from an inmate or former inmate to the Chief

Deputy or the authorized designee.

Members shall report all attempts by inmates to intimidate or instill feelings of fear to their

supervisor.

Members shall promptly notify their immediate supervisor in writing if:

•

A family member or close associate has been incarcerated or committed to the custody

of the facility.

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•

The member is involved in a personal or family relationship with a current inmate or

with an inmate who has been discharged within the previous year.

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Transportation of Inmates Outside the Secure

Facility

517.1 PURPOSE AND SCOPE

The purpose of this policy is to establish guidelines for the transportation of inmates outside this

facility and to ensure that the staff assigned to transportation duties is qualified and adequately

trained.

517.2 POLICY

It is the policy of the Monterey County Sheriff's Office to provide safe, secure and humane

transportation for all inmates and other persons as required by law.

This office shall transfer all inmates from the jail to the place of imprisonment pursuant to the

sentence of the court as soon as practicable after the sentence, in accordance with all laws relating

to the transfer of inmates and costs related to transfers to facilities and jurisdictions.

517.3 PROCEDURES

Only staff members who have completed office-approved training on inmate transportation should

be assigned inmate transportation duty. All staff members who operate transportation vehicles

shall hold a valid license for the type of vehicle being operated.

Any member who transports an inmate outside the secure confines of this facility is responsible for:

(a) Obtaining all necessary paperwork for the inmate being transported (e.g., medical/

dental records, commitment documents).

(b) Submitting a completed transportation plan to the transportation supervisor. Items that

should be addressed in the plan include:

1. Type of restraints to be used on the inmates being transported.

2. The routes, including alternate routes, to be taken during the transportation

assignment. Routes should be selected with security for the community in mind.

3. Emergency response procedures in the event of a collision, the breakdown of a

transportation vehicle, or some other unforeseen event.

4. Site verification, unloading and reloading instructions, and parking rules at the

destination.

properly applied.

1. Inmates who are known to be pregnant will not be handcuffed behind their backs

or placed in waist restraints while being transported (see the Use of Restraints

Policy).

2. Inmates who are transported to a hospital for the purpose of childbirth shall be

transported in the least restrictive way possible and in accordance with Penal

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Code § 3407. The inmate shall not be shackled to anyone else during transport

(see the Use of Restraints Policy) (Penal Code § 4023.8(l)).

(d) Ensuring that all vehicle security devices (e.g., window bars, inside cages, door locks)

are in good repair and are operational.

(e) Thoroughly searching the transporting vehicle for contraband before any inmate is

placed inside, and again after removing the inmate from the transporting vehicle.

517.3.1 TRANSPORTATION LOGS

Inmate transportation logs shall be developed by the Chief Deputy or the authorized designee and

used to log all inmate transportation. The logs shall include:

• Name and identification number of the inmate.

• Date and start/stop time of the transport.

• Location where the inmate was transported.

• Name and identification number of the transporting deputy.

• Circumstances of any unusual events associated with the transportation.

The logs shall be retained by the facility in accordance with established records retention

schedules.

517.4 TRAINING

The Training Sergeant shall ensure that all employees charged with inmate transportation duties

receive training appropriate for the assignment.

Documentation of all training presented shall be retained in the employee’s training file in

accordance with established records retention schedules.

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Safety and Sobering Cells

518.1 PURPOSE AND SCOPE

This policy establishes the requirement for placing inmates into and the continued placement of

inmates in safety cells or sobering cells.

518.1.1 DEFINITIONS

Definitions related to this policy include:

Safety cell - An enhanced protective housing designed to minimize the risk of injury or destruction

of property used for inmates who display behavior that reveals intent to cause physical harm to

themselves or others or to destroy property, or who are in need of a separate cell for any reason,

until suitable housing is available._

Sobering cell - A holding cell designed to minimize the risk of injury by falling or dangerous

behavior. It is used as an initial sobering place for arrestees or inmates who are a threat to their

own safety or the safety of others as a result of being intoxicated from any substance, and who

require a protected environment to prevent injury or victimization by other inmates._

518.2 POLICY

This facility will employ the use of safety and sobering cells to protect inmates from injury or to

prevent the destruction of property by an inmate in accordance with applicable law.

A sobering or safety cell shall not be used as punishment or as a substitute for treatment. The

Chief Deputy or the authorized designee shall review this policy annually with the Responsible

Physician.

518.3 SAFETY CELL PROCEDURES

The following guidelines apply when placing any inmate in a safety cell:

(a) Placement of an inmate into a safety cell requires approval of the Shift Commander

or the Responsible Physician (15 CCR 1055).

(b) A safety cell log shall be initiated every time an inmate is placed into the safety cell

and should be maintained for the entire time the inmate is housed in the cell. Cell logs

will be retained in accordance with established office retention schedules.

inmate’s well-being and behavior shall occur twice every 30 minutes (15 CCR 1055).

Each safety check of the inmate shall be documented. Supervisors shall inspect the

logs for completeness every two hours and document this action on the safety cell log.

(d) Inmates should be permitted to remain normally clothed or should be provided a safety

suit, except in cases where the inmate has demonstrated that clothing articles may

pose a risk to the inmate's safety or the facility. In these cases, the reasons for not

providing clothing shall be documented on the safety cell log.

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(e) Inmates in safety cells shall be given the opportunity to have fluids (water, juices) at

least hourly. Deputies shall provide the fluids in paper cups. The inmates shall be given

sufficient time to drink the fluids prior to the cup being removed. Each time an inmate

is provided the opportunity to drink fluids will be documented on the safety cell log.

(f) Inmates will be provided meals during each meal period. Meals will be served on

paper plates or in other safe containers, and the inmates will be monitored while eating

the meals. Inmates shall be given ample time to complete their meals prior to the

plate or container being removed. All meals provided to inmates in safety cells will be

documented on the safety cell log.

(g) The Shift Commander shall review the appropriateness for continued retention in the

safety cell at least every four hours (15 CCR 1055). The reason for continued retention

or removal from the safety cell shall be documented on the safety cell log.

(h) A medical assessment of the inmate in the safety cell shall occur within 12 hours of

placement or at the next daily sick call, whichever is earliest. Continued assessment of

the inmate in the safety cell shall be conducted by a qualified health care professional

and shall occur at least every 24 hours thereafter. Medical assessments shall be

documented.

(i) A mental health assessment shall be conducted within 12 hours of an inmate’s

placement in the safety cell (15 CCR 1055). The mental health professional’s

recommendations shall be documented.

518.4 SOBERING CELL PROCEDURES

The following guidelines apply when placing any inmate in a sobering cell:

(a) A sobering cell log shall be initiated every time an inmate is placed into a sobering

cell. The log shall be maintained for the entire time the inmate is housed in the cell.

Cell logs will be retained in accordance with established office retention schedules.

(b) A safety check consisting of direct visual observation that is sufficient to assess the

inmate’s well-being and behavior shall occur at least twice every 30 minutes on an

irregular schedule. Each visual observation of the inmate by staff shall be documented.

Supervisors shall check the logs for completeness every two hours and document this

action on the sobering cell log.

the sobering cell at least every six hours (15 CCR 1056). Only inmates who continue

to need the protective housing of a sobering cell will continue to be detained in such

housing.

(d) Inmates will be removed from the sobering cell when they no longer pose a threat to

their own safety and the safety of others and are able to continue the booking process.

(e) Females and males will be detained in separate sobering cells.

Policy

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Biological Samples

519.1 PURPOSE AND SCOPE

This policy provides guidelines for the collection of biological samples from those inmates required

to provide samples upon conviction and/or arrest for certain offenses. This policy does not apply to

biological samples collected at a crime scene or taken from a person in conjunction with a criminal

investigation. Nor does it apply to biological samples collected from those required to register, for

example, as sex offenders.

519.2 POLICY

The Monterey County Sheriff's Office will assist in the expeditious collection of required biological

samples from arrestees and offenders in accordance with the laws of this state and with as little

reliance on force as practicable.

519.3 PERSONS SUBJECT TO BIOLOGICAL SAMPLE COLLECTION

Inmates must submit a biological sample (Penal Code § 296: Penal Code § 296.1):

(a) Upon conviction or other adjudication of any felony offense.

(b) Upon conviction or other adjudication of any offense if the person has a prior felony

on record.

519.4 PROCEDURE

When an inmate is required to provide a biological sample, a trained employee shall attempt to

obtain the sample in accordance with this policy.

519.4.1 COLLECTION

The following steps should be taken to collect a sample:

(a) Verify that the inmate is required to provide a sample pursuant to Penal Code § 296

and Penal Code § 296.1.

(b) Verify that a biological sample has not been previously collected from the offender

by querying the individual’s criminal history record for a DNA collection flag or, during

regular business hours, calling the California Department of Justice (DOJ) designated

DNA laboratory. There is no need to obtain a biological sample if one has been

previously obtained.

collection and take steps to avoid cross contamination.

519.5 CALCULATED USE OF FORCE TO OBTAIN SAMPLES

If an inmate refuses to cooperate with the sample collection process, deputies should attempt

to identify the reason for refusal and seek voluntary compliance without resorting to using force.

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Force will not be used in the collection of samples except as authorized by court order or approval

of legal counsel and only with the approval of the Shift Commander. Methods to consider when

seeking voluntary compliance include contacting:

(a)

The inmate’s parole or probation officer when applicable.

(b)

The prosecuting attorney to seek additional charges against the inmate for failure to

comply or to otherwise bring the refusal before a judge.

(c)

The judge at the inmate’s next court appearance.

(d)

The inmate’s attorney.

(e)

A chaplain.

(f)

A supervisor who may be able to authorize disciplinary actions to compel compliance,

if any such actions are available.

The Shift Commander shall review and approve any calculated use of force. The supervisor shall

be present to supervise and document the calculated use of force.

519.5.1 VIDEO RECORDING

A video recording should be made any time force is used to obtain a biological sample. The

recording should document all staff participating in the process, in addition to the methods and all

force used during the collection. The recording should be part of the investigation file, if any, or

otherwise retained in accordance with the office’s established records retention schedule.

If the use of force includes a cell extraction, the extraction shall also be video recorded, including

audio. The video recording shall be retained by the facility in accordance with established records

retention schedules. Notwithstanding the use of the video as evidence in a criminal proceeding,

the tape shall be retained by the jail administration (15 CCR 1059).

519.6 LEGAL MANDATES AND RELEVANT LAWS

California law provides for the following:

519.6.1 DOCUMENTATION RELATED TO FORCE

The Shift Commander shall prepare prior written authorization for the use of any force (15 CCR

1059).

The written authorization shall include information that the subject was asked to provide the

requisite sample and refused, as well as any related court order authorizing the force.

519.6.2 BLOOD SAMPLES

A blood sample should only be obtained under this policy when:

(a) The California DOJ requests a blood sample and the subject consents, or

(b) A court orders a blood sample following a refusal.

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The withdrawal of blood may only be performed in a medically approved manner by health care

providers trained and qualified to draw blood. A California DOJ collection kit shall be used for this

purpose (Penal Code § 298(a); Penal Code § 298(b)(2)).

519.6.3 STATE MANDATES

Deputies shall document their efforts to secure voluntary compliance and include an advisement

of the legal obligation to provide the requisite specimen, sample, or impression, and the

consequences of refusal (15 CCR 1059).

Policy

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End of Term Release

520.1 PURPOSE AND SCOPE

The purpose of this policy is to establish and maintain procedures governing the end of term

release of inmates to ensure that inmates are not released in error.

520.2 POLICY

It will be the policy of the Monterey County Sheriff's Office to provide for the timely, efficient, and

legal release of inmates.

520.3 RELEASE PROCEDURE

Inmates who have reached the end of their sentenced term or who are ordered released by the

court will be scheduled for release at staggered times on their release date to avoid congestion

in the release area. Inmates scheduled for release shall be escorted by the staff to the transfer/

release area to begin the release procedure 30 minutes prior to their scheduled release time.

The Shift Commander or release officer shall sign and date the release paperwork on the same

day the inmate is to be released.

Inmates shall not be released or moved during inmate count, change of shift, or at any time that

would pose a potential safety threat or disrupt the orderly operation of the facility.

All inmates must be positively identified by the staff prior to being released from the facility. Inmate

identities should be verified using intake records bearing the inmate's name, photograph, and

facility identification number or a single digit fingerprint match system, if available.

Before any inmate may be released, the following conditions must be met:

(a) The identity of the inmate has been verified.

(b) All required paperwork for release is present. The staff shall review the active inmate

file to verify the validity of the documents authorizing the release. The file should also

be reviewed for other release-related or pending matters, including:

1. Verifying calculations and release-date adjustments for good time.

2. Any pending arrangements for follow-up, such as medications needed,

appointments, or referral to community or social resources.

3. Unresolved grievances, damage claims, or lost property.

warrant checks to ensure that there are no outstanding warrants or detention orders.

If any agency has outstanding charges against the inmate, the staff shall notify the

agency that the inmate is available for release.

(d) If an inmate has known mental health concerns, the inmate shall be evaluated by a

qualified health care professional and medically authorized for release. To the extent

reasonably practicable, individuals who have been determined to be severely mentally

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ill should be released during business hours to facilitate their ability to receive services

immediately after release.

(e) All personal property shall be returned to the inmate during the release process.

The inmate must acknowledge receiving their property by signed receipt. Any

discrepancies shall be promptly reported to the Shift Commander.

(f) All facility property must be returned by the inmate. Any missing or damaged facility

property should be documented and promptly reported to the Shift Commander.

The inmate shall remain in custody until the Shift Commander determines whether

additional criminal charges should be filed against the inmate for the damage.

(g) A forwarding address for the inmate should be on file and verified with the inmate.

(h) Inmates on probation or parole should be directed by the staff to report to the probation

or parole office immediately upon release. The parole authorities having jurisdiction

shall be notified of the inmate's release, if required.

(i) Inmates shall have access to at least three free telephone calls to plan for a safe and

successful release (Penal Code § 4024.5).

(j) Release standards, release processes, and release schedules shall be made available

to an inmate following the determination to release the inmate (Penal Code § 4024.5).

The housing sheet, release log, and daily census log shall be updated accordingly after the

inmate's release. The Shift Commander shall ensure all release documents are complete and

properly signed by the inmate and the staff where required.

520.3.1 DISCHARGE OF INMATES WITH MENTAL ILLNESS OR SUBSTANCE ADDICTION

Inmates who are eligible for release and suffer from mental illness or substance addiction may be

offered to stay in the facility for up to 16 additional hours or until normal business hours, whichever

is shorter, in order for the inmate to be discharged to a treatment center or be discharged during

daylight hours. The inmate may revoke his/her consent and be released as soon as possible and

practicable (Penal Code § 4024).

520.3.2 DISCHARGE OF INMATES CONVICTED OF FELONIES

Inmates who have been convicted of a felony and meet the conditions in Penal Code § 4852.01

shall be advised of the right to petition for certificate of rehabilitation and pardon prior to release.

The Records Division shall inform the inmate in writing of the inmate’s right to petition, and of the

procedures for filing a petition and obtaining the certificate (Penal Code § 4852.21).

520.3.3 TRANSFERS TO IMMIGRATION AUTHORITIES

Members shall not transfer an individual to immigration authorities unless one of the following

circumstances exist (Government Code § 7282.5; Government Code § 7284.6):

(a) Transfer is authorized by a judicial warrant or judicial probable cause determination.

(b) The individual has been convicted of an offense as identified in Government Code §

7282.5(a).

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(d) The individual is identified by the U.S. Department of Homeland Security’s Immigration

and Customs Enforcement as the subject of an outstanding federal felony arrest

warrant.

520.3.4 DISCHARGE OF SEX OFFENDER REGISTRANTS

The Records Division shall inform the California Department of Justice when inmates required to

15 days of release (Penal Code § 290.013).

520.3.5 ARRESTEE RELEASED FROM CUSTODY

Upon request, a detained arrestee released from custody shall be provided with the appropriate

Judicial Council forms to petition the court to have the arrest and related records sealed (Penal

Code § 851.91).

The jail shall display the required signage that complies with Penal Code § 851.91 advising an

arrestee of the right to obtain the Judicial Council forms.

Policy

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Over-Detention and Inadvertent Releases

521.1 PURPOSE AND SCOPE

This policy is intended to provide guidance to staff and management in the event of over-detention

or inadvertent release.

521.1.1 DEFINITIONS

Definitions related to this policy include:

Inadvertent release - Any instance of an inmate being mistakenly released.

Over-detention - Any instance of an inmate being mistakenly detained beyond his/her scheduled

release date.

521.2 POLICY

It is the policy of this office to reasonably ensure that over-detention and inadvertent releases do

not occur.

521.3 OVER-DETENTION

Any custody staff member who discovers or receives information of an over-detention, or

a complaint from an inmate regarding over-detention (which could be discovered through a

grievance), should immediately notify the Shift Commander (see the Inmate Grievances Policy).

The Shift Commander should direct the jail records unit to immediately conduct an investigation to

determine the correct release date of the inmate and to report the findings to the Shift Commander.

Inmates who are found to be over-detained shall be processed for immediate release in

accordance with the End of Term Release Policy. The Shift Commander shall ensure that the

Chief Deputy is notified, an entry is made to the daily activity log and that a report is completed.

521.3.1 OVER-DETENTION GRIEVANCES

Any custody staff member who receives information or a complaint from an inmate regarding over-

detention should assist the inmate with completing a grievance form and forward the form directly

to the Shift Commander as soon as practicable.

The Shift Commander receiving a grievance regarding an over-detention should direct the jail

records unit to immediately conduct an investigation to determine the correct release date of the

inmate and to report the findings to the Shift Commander.

If the Shift Commander decides not to release the inmate, the Shift Commander should ensure

the inmate receives a grievance hearing within 24 hours of the grievance submission. The hearing

documentation should reflect efforts made to investigate the allegation (see the Inmate Grievances

Policy).

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521.4 INADVERTENT RELEASE

Whenever an inadvertent release is discovered, the custody staff member making the discovery

shall immediately notify the Shift Commander. The notification shall be documented in the daily

activity log.

521.4.1 INADVERTENT RELEASE INVESTIGATION

The Shift Commander should direct the On duty Sergeant to immediately conduct an investigation

to determine the cause of the inadvertent release.

The Shift Commander will coordinate a response based upon the seriousness of the threat the

inmate may pose to the community. The threat assessment should be based upon the inmate's

criminal history and the reason he/she is currently in custody, among other factors.

In the case of an inadvertent release, the Shift Commander should immediately notify the Chief

Deputy and ensure a report is completed. The Chief Deputy should notify the Sheriff.

An appropriate evaluation of the circumstances shall be made to determine whether the

inadvertent release should be classified as an escape.

521.4.2 RETURNING THE INMATE TO CUSTODY

When the inmate is located and returned to the facility, the appropriate notifications should be

made as soon as possible.

Policy

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Canines

522.1 PURPOSE AND SCOPE

The canine program aids staff in locating contraband and maintaining the security of this facility.

This policy outlines requirements of the program, its staff and the expectations of the Office.

522.2 POLICY

The Monterey County Sheriff's Office is committed to ensuring its facilities are free from

contraband and drugs and to maintaining facility security. This is done by employing trained canine

teams to assist in the detection of drugs and other contraband, in accordance with all applicable

laws, regulations and office policies and procedures.

522.3 GUIDELINES FOR THE USE OF CANINES

Canines may be used to assist staff in conducting searches for contraband, perimeter patrol,

building searches and area searches. At no time may a canine be used to demean, punish or

psychologically torment an inmate. Contact between canines and inmates should be minimal.

Canines should not be used to search individuals. Canines may be used for:

•

Searching inmate housing units, including cells, during a housing unit search, as

described in the Searches Policy.

•

Physical plant searches, as described in the Searches Policy.

•

Searching unoccupied intake/booking areas.

•

Searching unoccupied transportation vehicles before and after inmate use.

•

Any other search-related use authorized by a supervisor.

A canine team shall only be used to perform tasks for which it has been trained or certified.

522.3.1 REPORTING CANINE USE, BITES AND INJURIES

Whenever the canine is deployed, a canine use report shall be completed by the handler and

turned in to the Chief Deputy before going off-duty.

522.4 SELECTION AND TRAINING FOR CANINE HANDLERS

The position of canine handler is a special assignment that requires a specific set of skills,

experience, training and temperament, in addition to those of a line staff member. A canine handler

shall have:

(a) Two years experience as a deputy in the Monterey County Sheriff's Office.

(b) Performance evaluations of satisfactory or better.

(d) Demonstrated ability to perform ancillary tasks with a minimum of supervision.

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(e) Reside in an adequately fenced, single-family residence (e.g., minimum 5-foot high

fence with locking gates).

(f) Have a garage that can be secured and will accommodate a canine unit.

(g)

(h) Agree to be assigned to the position for a minimum of one year.

The canine handler shall be chosen from applicants to the position via an oral board. If possible,

the oral board shall be comprised of one person who is a member of an outside organization

that has a canine program, and two members who shall be chosen by the Special Operations

Commander.

The canine handler shall receive all necessary training with his/her canine before being utilized

in this facility. All training records for canine handlers will be maintained by the Classification

Sergeant and the Special Operations Commander.

522.5 MEDICAL CARE OF THE CANINE

All medical attention shall be rendered by the designated canine veterinarian, except during an

emergency as provided in this policy.

522.5.1 NON-EMERGENCY MEDICAL CARE

Non-emergency medical care will be coordinated through the canine program supervisor .

Any indication that a canine is not in good physical condition shall be reported to the canine

program supervisor as soon as practicable.

All records of medical treatment shall be maintained in the canine handler’s personnel file.

522.5.2 EMERGENCY MEDICAL CARE

The handler shall notify the canine program supervisor as soon as reasonably practicable when

emergency medical care for the canine is required. Depending on the severity of the injury or

illness, the canine shall either be treated by the designated veterinarian or transported to a

designated emergency medical facility for treatment. If the handler and dog are out of the area,

the handler may use the nearest available veterinarian.

522.5.3 REPORTING CANINE INJURIES

In the event that a canine is injured, the injury will be immediately reported to the Classification

Sergeant and Special Operations Commander. The injury will be documented on the appropriate

report form.

522.6 REQUESTS FOR ASSISTANCE FROM OTHER AGENCIES

The Classification Sergeant or the Special Operations Commander must approve all requests for

canine assistance from outside agencies, subject to the following provisions:

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(a) Canine teams shall not be used to perform any assignment that is not consistent with

this policy.

(b) The handler has the ultimate authority to decide whether the canine will be used for

any specific assignment.

jurisdiction of the Office, unless authorized by the canine program supervisor.

(d) It shall be the responsibility of the canine handler to coordinate with outside agency

personnel in order to minimize the risk of unintended injury.

522.7 REQUESTS FOR PUBLIC DEMONSTRATIONS

All public requests for a canine team appearance shall be approved by the Classification Sergeant

or the Special Operations Commander prior to making any commitment.

Handlers shall not demonstrate any canine activities to the public unless authorized to do so by

the canine program supervisor or the authorized designee.

522.8 CONTROLLED SUBSTANCE TRAINING AIDS

Controlled substance training aids are required to effectively train and maintain drug-detecting

dogs. Further, controlled substances can be an effective training aid during training sessions for

facility personnel and the public. Only approved training aids provided by the canine program

supervisor may be used to train the dog. The canine handler shall maintain accurate records

of controlled substances provided for training purposes and shall promptly report any loss or

destruction of controlled substance training aids to the Classification Sergeant.

When not in use as training aids, the controlled substances shall be secured in storage that is only

accessible by the canine handler and the Classification Sergeant.

522.9 CLASSIFICATION SERGEANT RESPONSIBILITIES

The Classification Sergeant responsibilities include, but are not limited to:

(a) Reviewing all canine use reports to ensure compliance with policy and to identify

training issues and other needs of the program.

(b) Maintaining liaison with the vendor kennel.

(d) Maintaining liaison with other agency canine coordinators.

(e) Maintaining accurate records documenting canine activities.

(f) Maintaining secure storage of all controlled substance training aids.

(g) Maintaining an effective audit trail of all controlled substance training aids.

(h) Recommending and overseeing the procurement of equipment and services for the

unit.

(i) Scheduling all canine-related activities.

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(j) Ensuring the canine teams are scheduled for continuous training to maximize the

capabilities of the teams.

Policy

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The California Values Act (S54)

524.1 PURPOSE

To provide staff with guidelines on their duties and responsibilities associated with the California

Values Act, SB54.In summary, this law, restricts communications between a local law enforcement

agency and Immigration Customs Enforcement (ICE).It limits inmate transfers to ICE in some

cases, and expressly prohibits transfers for certain crimes.

524.2 POLICY

The Monterey County Sheriff’s Office will follow the provisions of the California Values Act. The

Sheriff’s Office will only honor ICE Notification Requests as allowable under state law.

Under no circumstances shall a person be contacted, detained, arrested, or have their

custody time extended by agency members based solely on his/her immigration status

whether known or unknown. transfers to ICE in some cases, and expressly prohibits

transfers for certain crimes.

524.3 ICE ACCESS

A. ICE Interviews: The Values Act permits ICE agents to access county jail inmates IF the

Inmate gives consent.Before an individual in custody is made available for an interview

with ICE, Sheriff’s Personnel will provide the inmate with a consent form (Truth Act

Form 1).The consent form contains a header with the required language translations

as defined in the California Government Code.

1. Interview Access: ICE will only be permitted to proceed with interviews on those

inmates that consent.If the inmate wants an attorney present, the interview will

have to be postponed until such time the attorney is available to represent the

inmate during the interview.

524.4 ICE REQUESTS FOR HOLDS, NOTIFICATIONS, OR TRANSFERS

A. Upon receiving an ICE hold, notification, or transfer request for any individual:

1. All ICE requests must be accompanied by supporting documentation to show

that the inmate in question has a qualifying charge.ICE is required to attach

supporting criminal history information if a qualifying charge exists.Personnel

must view and verify NCIC or CLETS source document (or copy) to verify

charges before searching the SB54 charges list.

i. Once supporting documentation is received, personnel will query the SB54

charges list to determine if the inmate has a qualifying conviction or current

charge.

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2. There are many variables that could impact an inmate’s SB54 status.The current

charges and / or criminal history will show specific criminal convictions.Based on

charges or convictions; there are many options addressing whether a transfer to

ICE is appropriate.Personnel will compare the proof of conviction / charges to the

SB54 list.If a qualifying charge exists, personnel will determine if the conviction

in question is an allowable charge and within appropriate time requirements.

3. The majority of qualifying offenses within SB54 require a conviction.However,

violent felonies (667.5 PC) and serious felonies (1192.7 PC) need only to be

charged and have a probable cause finding by a court (872 PC).If a current

inmate is charged with a serious or violent felony and the court has made a

probable cause finding; the inmate is eligible for transfer to ICE.

524.5 ICE REQUESTS FOR HOLDS, NOTIFICATIONS, OR TRANSFERS

1. Sheriff’s Personnel must verify there is a qualifying charge or conviction BEFORE

agreeing to share an inmate outdate with ICE.If information sharing is allowable:

(a) The inmate will be given a copy of the request.

(b) The inmate will be given a copy of the attached notification form (Truth Act Form

2) indicating whether the Department intends to comply with the request.

(I-247N).

(d) Monterey County Sheriff’s Office will NOT comply with ICE detainer requests

(I-247D

524.6 NOTIFYING ICE OF INMATE RELEASES

A. If the Department notifies ICE that an inmate is being, or will be, released on a certain

date and time, the officer providing that information to ICE shall promptly provide the

same notice, using TRUTH Act Form 3, to the inmate.The Department will also notify

the individual’s attorney or other designee, using the contact information provided

by the individual on TRUTH Act Form 2.If notification to the attorney or designee is

provided by phone, the Department shall subsequently provide, by email, the attorney

or designee with a written copy of the notice given to the individual on TRUTH Act

Form 3.

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Chapter 6 - Inmate Due Process

Policy

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Inmate Discipline

600.1 PURPOSE AND SCOPE

This policy addresses the fair and equitable application of inmate rules and disciplinary sanctions

for those who fail to comply (15 CCR 1081).

600.2 POLICY

It is the policy of this office to maintain written general categories of prohibited inmate behavior that

are clear, consistent, and uniformly applied. Written rules and guidelines will be made available to

all inmates. They will include a process for resolving minor infractions and a hearing process for

a more serious breach of inmate rules. Criminal acts may be referred to the appropriate criminal

agency.

600.3 DUE PROCESS

Inmates who are subject to discipline as a result of rule violations shall be afforded the procedural

due process by the Sheriff that is established in the policies, procedures, and practices relating

to inmate discipline. All inmates will be made aware of the rules of conduct related to maintaining

facility safety, security, and order, as well as clearly defined penalties for rule violations. Staff

will not engage in arbitrary actions against inmates. All disciplinary actions will follow clearly

established procedures. All disciplinary sanctions will be fairly and consistently applied (15 CCR

1081 et seq.).

The process for an inmate accused of a major rule violation includes:

(a) A fair hearing in which the Chief Deputy or the authorized designee presents factual

evidence supporting the rule violation and the disciplinary action.

(b) Advance notice to the inmate of the disciplinary hearing, to allow the inmate time to

prepare a defense.

(d) The limited right to call witnesses and/or present evidence on his/her behalf.

(e) The appointment of an assistant or representative in cases where the inmate may be

incapable of self-representation.

(f) A formal written decision that shows the evidence used by the hearing officer, the

reasons for any sanctions and an explanation of the appeal process.

(g) Reasonable sanctions for violating rules that relate to the severity of the violation.

(h) The opportunity to appeal the finding.

600.3.1 INMATE RULES AND SANCTIONS

The Chief Deputy is responsible for ensuring that inmate rules and sanctions are developed,

distributed, reviewed annually, and revised as needed.

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Inmates cannot be held accountable for rules of which they are unaware. However, it is impossible

to define every possible prohibited act or rule violation that might be encountered in a detention

facility. Therefore, a current list of recognized infractions that are generally prohibited should be

available in each housing unit. All inmates, regardless of their housing unit, shall have access

to these rules. Inmate rules shall be translated into the languages that are understood by the

inmates (see the Inmate Handbook and Orientation Policy).

Disciplinary procedures governing inmate rule violations should address rules, minor and major

violations, criminal offenses, disciplinary reports, pre-hearing detention, and pre-hearing actions

or investigations.

600.3.2 RULE VIOLATION REPORTS

California Penal Code § 4019.5 requires that all disciplinary infractions and punishment

administered be documented. This requirement may be satisfied by retaining copies of rule

violation reports, including the disposition of each violation (15 CCR 1084). Rule violation reports

are required for major rule violations or any other violation that will require investigation or a formal

resolution. The staff member who observed or detected the rule violation or who was charged

with investigating a rule violation is responsible for completing the rule violation report. The rule

violation report shall include, at a minimum:

•

The date, time, and location of the incident.

•

Specific rules violated.

•

A written description of the incident.

•

The identity of known participants in the incident.

•

Identity of any witnesses to the incident.

•

Description and disposition of any physical evidence.

•

Action taken by staff, including any use of force.

•

Name and signature of the reporting deputy.

•

Date and time of the report.

The supervisor investigating the violation shall ensure that certain items are documented in the

investigation or rule violation report, including:

•

Date and time the explanation and the written copy of the complaint and appeal

process was provided to the inmate.

•

The inmate’s response to the charges.

•

Reasons for any sanctions.

•

The identity of any staff or witnesses involved, as revealed by the inmate.

•

The findings of the hearing officer.

•

The inmate’s appeal, if any.

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•

The appeal findings, if applicable.

600.3.3 POSTING

The Chief Deputy or the authorized designee is responsible for conspicuously posting notices

about rules, disciplinary procedures, and penalties in a conspicuous location, as set forth in 15

CCR 1080, and establishing procedures for communicating the rules effectively to inmates with

disabilities and those who cannot read English sufficiently.

600.4 RULE VIOLATION PROCEDURES

Minor acts of non-conformance to the rules may be handled informally by any deputy (15 CCR

1081).

A violation of rules observed by general service employees, volunteers, or contractors will be

reported to a deputy for further action. Deputies are authorized to recommend informal sanctions

on minor violations.

Any staff member imposing informal discipline shall complete the reporting portion of the

disciplinary report and provide the form to the supervisor for review prior to the imposition of the

sanction.

Disciplinary sanctions that may be imposed for minor rule violations include (15 CCR 1081):

•

Counseling the inmate regarding expected conduct.

•

Assignment to extra work detail.

•

Removal from work detail (without losing work time credits).

•

Loss of television, telephone, and/or commissary privileges for a period not to exceed

24 hours.

•

Lockdown in the inmate’s assigned cell or confinement in the inmate’s bunk area for

a period not to exceed 24 hours.

An inmate may request that a supervisor review the imposed sanction. However, this request must

be made within one hour of receiving notice of the sanction. The supervisor should respond to the

request within a reasonable time (generally within two hours) and shall have final authority as to

the imposition of informal discipline.

600.4.1 MULTIPLE MINOR RULE VIOLATIONS

Staff may initiate a major rule violation report if an inmate is charged with three or more minor rule

violations in a consecutive 30-day period. Copies of all minor rule violations will be attached to the

major rule violation report. A staff member shall conduct a hearing according to the procedures

of a major rule violation.

600.4.2 MAJOR RULE VIOLATIONS

Major rule violations are considered a threat to the safety, security, or efficiency of the facility, its

staff members, inmates, or visitors. Staff members witnessing or becoming aware of a major rule

violation shall take immediate steps to stabilize and manage the situation, including immediate

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notification of a supervisor. The supervisor shall assess the situation and initiate any emergency

action, if necessary, and notify the Shift Commander.

The staff member who learned of the rule violation shall write and submit a disciplinary report,

along with all relevant evidence, to the appropriate supervisor prior to the end of the shift (15 CCR

1081).

600.4.3 ADMINISTRATIVE SEGREGATION HOUSING

Inmates who are accused of a major rule violation may be moved to administrative segregation

housing for pre-hearing detention, with the Shift Commander’s approval, if there is a threat to

safety or security (15 CCR 1081). Inmates placed in pre-hearing detention are subject to the

property and privilege restrictions commensurate with segregated confinement (15 CCR 1081).

The Chief Deputy or the authorized designee shall, within 72 hours including weekends and

holidays, review the status of any inmate in pre-hearing detention to determine whether continued

pre-hearing segregation housing is appropriate.

600.5 INVESTIGATIONS

Investigations involving major rule violations should be initiated within 24 hours of the initial report

and completed in sufficient time for the inmate to have a disciplinary hearing, which is required

within 72 hours of the time the inmate was informed, in writing, of the charges. If additional time is

needed, the investigating supervisor will request more time in writing from the Shift Commander.

The inmate will be notified in writing of the delay.

If upon completion of the investigation, the investigating supervisor finds insufficient evidence to

support a major rule violation, he/she may discuss alternative sanctions with the Shift Commander,

including handling the incident as a minor violation or recommending that charges be removed.

Such alternatives shall be documented in the inmate’s file.

If the investigating supervisor determines that sufficient evidence exists to support a major rule

violation, he/she will act as the hearing coordinator and will be responsible for:

•

Reviewing all reports for accuracy and completeness.

•

Overseeing or conducting any required additional investigation.

•

Making a determination as to the final charges.

•

Making preliminary decisions about the appointment of a staff member to act as an

assistant to the inmate.

•

Identifying any witnesses that may be called to the hearing.

600.6 NOTIFICATIONS

An inmate charged with a major rule violation shall be given a written description of the incident

and the rules violated at least 24 hours prior to a disciplinary hearing.

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Unless waived in writing by the inmate, hearings may not be held in less than 24 hours from the

time of notification (15 CCR 1081).

600.7 HEARING OFFICER

The Chief Deputy shall appoint at least one hearing officer to preside and conduct disciplinary

hearings of major rule violations. The hearing officer should be a qualified supervisor or suitably

trained designee who will have the responsibility and authority to rule on charges of inmate rule

violations. The hearing officer shall also have the power to impose sanctions. The hearing officer

shall not investigate nor preside over any inmate disciplinary hearing on cases where he/she was

a witness or was directly involved in the incident that generated the complaint (15 CCR 1081).

600.8 HEARING PROCEDURE

Inmates charged with major rule violations are entitled to be present at a hearing unless waived in

writing or excluded because their behavior poses a threat to facility safety, security, and order (15

CCR 1081). Staff shall inform the hearing officer when any inmate is excluded or removed from

a scheduled hearing and shall document the reasons for the exclusion or removal. A copy of the

report shall be forwarded to the Chief Deputy.

Hearings may be postponed or continued for a reasonable period of time for good cause. Reasons

for postponement or continuance shall be documented and forwarded to the Chief Deputy (15

CCR 1081).

The hearing officer shall disclose to the accused inmate all witnesses who will be participating

in the hearing. Inmates have no right to cross-examine witnesses. However, the accused inmate

may be permitted to suggest questions that the hearing officer, in his/her discretion, may ask.

600.8.1 EVIDENCE

Accused inmates have the right to make a statement, present evidence, and call witnesses at the

hearing (15 CCR 1081). Requests for witnesses shall be submitted in writing by the inmate no

later than 12 hours before the scheduled start of the hearing. The written request must include a

brief summary of what the witness is expected to say.

The hearing officer may deny the request when it is determined that allowing the witness

to testify would be unduly hazardous to institutional safety or correctional goals, when the

witness’s information would not be relevant or would be unnecessarily duplicative, or is otherwise

unnecessary. The reason for denying a witness to testify shall be documented in the hearing

report. The reason for denial of any documents requested by the inmate shall also be documented

in the hearing record.

A witness’s signed written statement may be submitted by the inmate as an alternative to a live

appearance. The hearing officer shall review and determine whether the statement is relevant to

the charges and shall document the reason for exclusion when any written statement is not given

consideration.

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Absent a safety or security concern, all staff reports and evidence, including exculpatory evidence,

obtained during the disciplinary investigation shall be made available to the accused inmate prior

to the hearing.

600.8.2 CONFIDENTIAL INFORMANTS

If information from any confidential informant is to be presented at the hearing, information

establishing the reliability and credibility of the informant shall be provided to the hearing officer

prior to the hearing. The hearing officer shall review such information to determine whether the

informant is reliable and credible.

600.8.3 STAFF ASSISTANCE

A staff member shall be assigned to assist an inmate who is incapable of representing him/herself

at a disciplinary hearing due to literacy, developmental disabilities, language barriers, or mental

status (15 CCR 1081). The scope of the duties of the assistant shall be commensurate with the

reasons for the appointment. The assistant should be allowed sufficient time to confer with the

inmate to fulfill his/her obligations. In these cases, the inmate does not have a right to appoint a

person to assist in his/her disciplinary hearing. The final decision regarding the appointment rests

with the hearing officer.

Inmate discipline is an administrative and not a judicial process. Inmates do not have a right to an

attorney in any disciplinary hearing. Additionally, disciplinary matters may be referred for criminal

prosecution and jail disciplinary action concurrently as there is no double jeopardy defense for an

administrative process.

600.8.4 DISCIPLINARY DECISIONS

Disciplinary decisions shall be based on the preponderance of evidence presented during the

disciplinary hearing.

The disciplinary process shall consider whether an inmate’s mental disabilities or mental illness

contributed to the inmate’s behavior when determining what type of discipline, if any, should be

imposed (28 CFR 115.78(c)).

600.8.5 REPORT OF FINDINGS

The hearing officer shall write a report regarding the decision and detailing the evidence and the

reasons for the disciplinary action. A copy of the report shall be provided to the inmate. The original

shall be filed with the record of the proceedings. All documentation related to the disciplinary

process shall be retained and a copy should be placed in the inmate’s file (15 CCR 1081).

If it is determined that the inmate’s charge is not sustained at the end of the disciplinary hearing,

the documentation shall be removed from the inmate’s file but otherwise maintained in accordance

with records retention requirements.

All disciplinary hearing reports and dispositions shall be reviewed by the Chief Deputy or the

authorized designee soon after the final disposition (15 CCR 1081).

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600.9 DISCIPLINARY APPEALS

Inmates wishing to appeal the decision of the hearing officer must do so in writing within five days

of the decision. All appeals will be forwarded to the Chief Deputy or the authorized designee for

review (15 CCR 1081).

Only appeals based on the following will be considered:

(a) The disciplinary process or procedures were not followed.

(b) There was insufficient evidence to support the hearing officer’s decision.

A final disposition shall be rendered as soon as possible if the inmate’s appeal is granted or

discipline is reduced but no later than 10 days after the appeal. The decision of the review authority

shall be final and the result of the appeal shall be provided to the inmate in writing.

600.10 LIMITATIONS ON DISCIPLINARY ACTIONS

The U.S. and state constitutions expressly prohibit all cruel or unusual punishment. Additionally,

there shall be the following limitations:

•

In no case shall any inmate or group of inmates be delegated the authority to punish

any other inmate or group of inmates (Penal Code § 4019.5; 15 CCR 1083).

•

In no case shall a safety cell, as specified in the Safety and Sobering Cells Policy, be

used for disciplinary purposes (15 CCR 1083).

•

In no case shall any restraint device be used for disciplinary purposes (15 CCR 1083).

•

Food shall not be withheld as a disciplinary measure (15 CCR 1083).

•

Correspondence privileges shall not be withheld except in cases where the inmate has

violated correspondence regulations, in which case correspondence other than legal

mail may be suspended for no longer than 72 hours without the review and approval

of the Chief Deputy (15 CCR 1083).

•

In no case shall access to the courts and/or legal counsel be suspended as a

disciplinary measure (15 CCR 1083).

•

No inmate may be deprived of the implements necessary to maintain an acceptable

level of personal hygiene (15 CCR 1083; 15 CCR 1265).

•

Disciplinary segregation in excess of 30 days without review by the Chief Deputy is

prohibited. The review shall include a consultation with health care staff. Such reviews

shall continue at least every 15 days thereafter until the disciplinary status has ended

(15 CCR 1083).

•

Discipline may be imposed for sexual activity between inmates. However, such activity

shall not be considered sexual abuse for purposes of discipline unless the activity was

coerced (28 CFR 115.78(g)).

•

No discipline may be imposed for sexual contact with staff unless there is a finding

that the staff member did not consent to such contact (28 CFR 115.78(e)).

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•

No inmate may be disciplined for falsely reporting sexual abuse or lying, even if an

investigation does not establish evidence sufficient to substantiate the allegation, if

the report was made in good faith based upon a reasonable belief that the alleged

conduct occurred (28 CFR 115.78(f)).

•

Disciplinary separation diets may only be applied to major rule violations (15 CCR

1083).

600.11 GUIDELINES FOR DISCIPLINARY SANCTIONS

Discipline shall be commensurate with the nature and circumstances of the offense committed,

the inmate’s disciplinary history, and the sanctions imposed for comparable offenses by other

inmates with similar histories (28 CFR 115.78(b); 15 CCR 1082).

In all cases, sanctions should be imposed for the purpose of controlling or changing an inmate’s

behavior and not for the purpose of punishment (15 CCR 1082).

Acceptable forms of discipline shall consist of but not be limited to the following (15 CCR 1082):

•

Loss of privileges

•

Extra work detail

•

Short-term lockdown for less than 24 hours

•

Removal from work details

•

Forfeiture of work time credits earned under Penal Code § 4019

•

Forfeiture of good time credits earned under Penal Code § 4019

•

Disciplinary detention

•

Disciplinary separation diet

The Sheriff or the Chief Deputy shall be responsible for developing and implementing a range of

disciplinary sanctions for violations.

Inmates shall be subject to disciplinary sanctions pursuant to a formal disciplinary process

following an administrative finding that the inmate engaged in inmate-on-inmate sexual abuse or

following a criminal finding of guilt for inmate-on-inmate sexual abuse (28 CFR 115.78(a)).

To the extent that there is available therapy, counseling, or other interventions designed to address

and correct underlying reasons or motivations for sexual abuse, the facility shall consider whether

to require an inmate being disciplined for sexual abuse to participate in such interventions as a

condition of access to programming or other benefits (28 CFR 115.78(d)).

600.12 TRAINING

The Chief Deputy or the authorized designee is responsible for ensuring that a wide range of

training and disciplinary tools are available to aid staff and that preprinted forms are available for

documenting rule violations in a consistent and thorough manner.

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The Training Sergeant is responsible for developing and delivering, or procuring, training for staff

members who participate in the disciplinary hearing process. Training topics should include the

legal significance of due process protections and the hearing officer’s role in assuring that those

protections are provided.

Policy

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Disciplinary Separation

601.1 SECTION TITLE

601.2 PURPOSE AND SCOPE

This policy specifically addresses disciplinary separation and guiding principles relating to the

conditions attached to that separation. It will provide guidance to the staff on acceptable practices

with regard to management of inmates in disciplinary separation or classified as requiring special

management needs.

601.2.1 DEFINITIONS

Definitions related to this policy include:

Disciplinary separation - A status assigned to an inmate after a disciplinary hearing in which

the inmate was found to be in violation of a jail rule or state or federal law. This status results in

separating the inmate from the rest of the inmate population to serve the consequence imposed.

601.3 POLICY

The Monterey County Sheriff's Office will maintain a disciplinary separation unit to house inmates

who, after an impartial due process hearing, are being sanctioned for violating one or more jail

rules. Restrictions on privileges will be subject to the disciplinary process and in accordance with

this policy.

601.4 DISCIPLINARY SEPARATION

Inmates may be placed into disciplinary separation only after an impartial hearing to determine

the facts of the rule violation, in accordance with the office Inmate Discipline Policy. The hearing

officer shall impose discipline in accordance with the discipline schedule established by the Chief

Deputy. Maximum discipline sanctions for any one incident, regardless of the number of rules

violated, shall not exceed 60 days.

Disciplinary separation in excess of 30 days shall be reviewed by the Chief Deputy before the

discipline is imposed. The review shall include a consultation with health care staff. Such reviews

shall continue at least every 15 days thereafter until the disciplinary status has ended. These

reviews shall be documented (15 CCR 1082(g); 15 CCR 1083(a)).

601.5 INMATE ACCESS TO SERVICES

The ability to discipline inmates for conduct violations is not absolute. Absent legitimate

government reason, inmates continue to have a right to receive certain services. However, inmates

in disciplinary separation, in accordance with the Inmate Discipline Policy, or special management

inmates who are disciplined for one or more rule violations, may be subject to loss of privileges

or credit for good time and work.

Services to provide for basic human needs must continue to be made available. There are

minimum service requirements that must be maintained to ensure the facility continues to operate

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in a constitutional manner. All custody staff will adhere to the following policy sections to guide

them in the supervision of inmates held in disciplinary separation or classified as requiring special

management needs.

601.5.1 MEDICATION, CLOTHING, AND PERSONAL ITEMS

Inmates placed in disciplinary separation are considered special management inmates and shall

not be denied prescribed medication.

Special management inmates will be provided with clothing that identifies their status, but in no

case will this clothing be used to intentionally disgrace the inmate.

Absent unusual circumstances, special management inmates will continue to have the same

access to personal items in their cell as general population inmates have, including the following:

•

Clean laundry

•

Barbering and hair care services

•

Clothing exchanges

•

Bedding and linen exchanges

Inmates in disciplinary separation shall not be deprived of bedding or clothing except in cases

where the inmate destroys such articles or uses them to attempt suicide (15 CCR 1083(b)). The

decision to continue to deprive the inmate of these articles must be made by the Chief Deputy or

the authorized designee and reviewed every 24 hours.

601.5.2 SHOWERING AND PERSONAL HYGIENE

Inmates in disciplinary separation should be allowed to shower with the same frequency as

the general inmate population, if reasonably practicable, but at a minimum shall be afforded

the opportunity to shower at least every other day and shave daily (15 CCR 1083(e)). The

opportunities for each inmate to shave and shower will be documented on the disciplinary

separation unit log.

Exceptions to this policy can only be made when the restriction is determined to be reasonably

necessary for legitimate government purposes. Any exceptions to this basic requirement must be

reviewed and approved by the Shift Commander. The circumstances necessitating a restriction

must be clearly documented on the unit log.

601.5.3 DENIAL OF AUTHORIZED ITEMS OR ACTIVITIES

Personal items may be withheld when it reasonably appears that the items will be destroyed by

the inmate or it is reasonably believed that the personal item will be used for a self-inflicted injury

or to harm others.

Whenever an inmate in disciplinary separation is denied personal care items or activities that

are usually authorized to the general population inmates, except for restrictions imposed as a

result of a disciplinary hearing, the deputy taking such action shall prepare a report describing the

circumstances that necessitated the need to restrict personal items or activities. The report shall

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be submitted to a supervisor for review, who will then forward it to the Chief Deputy. A copy of

the report shall be placed in the inmate’s file.

601.5.4 MAIL AND CORRESPONDENCE

Inmates in disciplinary separation shall have the same privileges to write and receive

correspondence as inmates in general population, except in cases where inmates violated

correspondence regulations. In such cases, mail privilege may be suspended. The Chief Deputy

or the authorized designee shall approve all mail privilege suspensions that exceed 72 hours.

Legal mail shall not be suspended from delivery to the inmate (15 CCR 1083(h)).

601.5.5 VISITATION

Inmates in disciplinary separation shall have the same opportunities for visitation as general

population inmates, except when the visitation privileges are suspended pursuant to a sanction

imposed by the disciplinary hearing officer. Disciplinary sanctions that limit or curtail visitation must

be clearly documented and approved by a supervisor if not a condition of the original approved

discipline.

601.5.6 READING AND LEGAL MATERIALS

Inmates in disciplinary separation shall have the same access to reading materials and legal

materials as the general population inmates, unless the restriction is directed by a court of law

or there is a reasonable basis to believe the materials will be used for illegal purposes or pose a

direct threat to the security and safety of the facility. In such cases the basis for the action shall

be documented in the inmate’s file and unit log. Access to courts and legal counsel shall not be

suspended as a disciplinary measure (15 CCR 1083(i)).

601.5.7 EXERCISE

Inmates in disciplinary separation shall be given a minimum of three hours of exercise per

week outside of their cell. Exceptions to this may occur if there are legitimate security or safety

considerations. The circumstances relating to the limitation of exercise shall be documented in an

incident report. The report shall be reviewed and the restriction shall be approved by a supervisor.

601.5.8 LIMITED TELEPHONE PRIVILEGES

Inmates in disciplinary separation may have their telephone privilege restricted or denied.

Exceptions include the following:

(a) Making legal calls

(b) Responding to verified family emergencies, when approved by the sergeant or Chief

Deputy

All telephone access based on the above exceptions shall be documented on the unit log.

601.5.9 BEDDING AND CLOTHING

Inmates in disciplinary separation shall not be deprived of bedding or clothing except in cases

where the inmate destroys such articles or uses them to harm him/herself or others or for

something other than the intended purpose. Clothing and bedding shall be returned to the inmate

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as soon as it is reasonable to believe the behavior that caused the action will not continue. The

decision to continue to deprive the inmate of these articles must be made by the Chief Deputy or

the authorized designee and reviewed at least every eight hours. This review shall be documented

and placed into the inmate's file.

601.6 DISCIPLINARY SEPARATION DIET

Under no circumstances will an inmate be denied food as a means of punishment (15 CCR

1083(f)). A disciplinary separation diet may only be used for major violations of jail rules (15 CCR

1083(g)). No inmate receiving a prescribed medical diet is to be placed on a disciplinary separation

diet without review and written approval of a physician or pursuant to a written plan approved by

the physician. Disciplinary separation diets shall be served twice during each 24-hour period and

must meet statutorily prescribed minimum food and nutritional requirements as described in the

Disciplinary Separation Diet Policy.

Before any inmate is placed on a disciplinary separation diet, the following shall occur:

(a) The physician shall review the medical condition and history of the inmate and approve

the alternative meal service.

(b) The Chief Deputy shall review the incident report and medical reports and shall

approve the use of a disciplinary separation diet.

observations to the Chief Deputy.

(d) Disciplinary separation diets shall not be served in any case for more than 72 hours

without the written approval of the Chief Deputy and a physician.

601.7 MENTAL HEALTH CONSIDERATIONS

Due to the possibility of self-inflicted injury and depression during periods of separation, health

evaluations should include notations of any bruises and other trauma markings, and the qualified

health care professional’s comments regarding the inmate’s attitude and outlook.

(a) A qualified health care professional should visit each inmate a minimum of once a

day and more often if needed. A medical assessment should be documented in the

inmate’s medical file.

(b) Mental health staff or a qualified mental health professional should also conduct

weekly rounds.

When an inmate is classified as a special management inmate due to the presence of a serious

mental illness and is placed in a separation setting, the mental health progress notes and

management plan should reflect the changed environment. When an inmate is expected to remain

in separation for more than 30 days (based upon disciplinary decisions, protective needs or other

factors) the special management treatment plan should be updated to reflect this.

Where reasonably practicable, a qualified health care professional should provide screening for

suicide risk following admission to the separation unit.

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601.8 SAFETY CHECKS

A staff member shall conduct a face-to-face safety check of all disciplinary separation inmates

at least every 30 minutes on an irregular schedule. If an inmate is violent, has mental health

problems, or demonstrates unusual behavior, the face-to-face check by custody should occur

every 15 minutes on an irregular schedule.

Inmates who are at risk of suicide shall be under continuous observation until seen by a qualified

health care professional. Subsequent supervision routines should be in accordance with orders

provided by the qualified health care professional.

Disciplinary separation inmates shall receive increased monitoring to include at a minimum:

(a) A visit by the Shift Commander once a day.

(b) Visits by program staff, upon request.

if needed.

All management, program staff, and qualified health care professional visits shall be documented

on the appropriate records and logs and retained in accordance with established records retention

schedules.

601.8.1 DOCUMENTATION OF SEPARATION CHECKS

Separation rounds shall be documented on door cards, logs, and/or rounds forms, and include

the following:

(a) Date and time of contact

(b) Signature or initials of the qualified health care professional making rounds

(d) All significant findings and observations, medical assessment, treatment,

recommendations, notifications, and actions, all of which should be documented in

the inmate’s health record

601.9 LOG PROCEDURES

All management, program staff, and qualified health care professional visits shall be documented

on the appropriate records and logs and retained in accordance with established records retention

schedules.

Handwritten logs should be completed in ink. Once an entry is made it should not be modified. If

corrections or changes are needed they should be done by way of a supplemental entry.

Electronically captured logs will be maintained in a way that prevents entries from being deleted

or modified once they are entered. Corrections or changes must be done by way of supplemental

entries. At a minimum the log will contain the following:

(a) Inmate name

(b) Inmate booking number

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(d) Classification status

(e) Date and time placed in separation

(f) Date and time of entry and exit from the cell

(g) Violation and length of discipline

(h) Scheduled date of removal from separation

(i) Medical, psychological, or behavioral considerations

(j) Counseling for behavior

(k) Date and time of removal from separation

Log entries should be legible, be entered promptly, and provide sufficient detail to adequately

reflect the events of the day for future reference.

The date and time of the observation or incident and the name and identification number of the

staff member making the log entry shall be included on each entry.

Supervisors should review the logs frequently during the shift and enter comments as appropriate.

At a minimum, supervisors should enter the date and time of each review.

All safety checks will be documented in detail and should include the exact time of the safety

check and the identification information of the employee conducting the check. All documentation

will be gathered and provided to the Shift Commander or the Chief Deputy at midnight each day.

601.9.1 LOG INSPECTION AND ARCHIVAL OF LOGS

The Shift Commander shall review and evaluate the logs and pass any significant incidents via

the chain of command to the Chief Deputy for review.

The logs will be retained by the Office in accordance with established records retention schedules

but in no case less than one year.

Policy

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Inmates with Disabilities

602.1 PURPOSE AND SCOPE

This policy provides guidelines for addressing the needs and rights of inmates detained by this

office, in accordance with the Americans with Disabilities Act (ADA).

602.1.1 DEFINITIONS

Definitions related to this policy include:

Disability - The ADA defines a disability as a physical or mental impairment that limits one or more

major life activities. These include, but are not limited to, any disability that would substantially

limit the mobility of an individual or an impairment of vision and/or hearing, speaking or performing

manual tasks that require some level of dexterity.

602.2 POLICY

This office will take all reasonable steps to accommodate inmates with disabilities while they are

in custody and will comply with the ADA and any related state laws. Discrimination on the basis

of disability is prohibited.

602.2.1 DEPUTIES RESPONSIBILITIES

Deputies should work with health care providers to aid in making accommodations for those with

physical disabilities. Deputies who manage the classification process should be aware of inmates

with disabilities before making housing decisions, as often persons with mobility issues will require

a lower bunk and accessible toilet and shower facilities. In addition, some inmates may require

ongoing assistance to manage their activities of daily living. Trained staff must be available to

aid these inmates. One inmate shall not be placed in the role of assisting or managing another

inmate's activities of daily living.

When necessary or required, the supervisor or classification deputy should consult with the jail

health nurse or the responsible physician regarding housing location.

Inmates with prosthetics or other adaptive devices shall be allowed to keep the devices provided

the safe and secure operation of the facility is not compromised. The supervisor or jail health nurse

will verify the medical necessity of the device with the inmate's medical provider.

The inmate may be administratively segregated from the general population when:

• He/she cannot reasonably function without the device.

• No other reasonable alternatives are available.

• The device poses a threat to the safety of staff, inmates, visitors or the physical plant.

602.2.2 CHIEF DEPUTY RESPONSIBILITIES

The Chief Deputy or their designee, in coordination with the health care authority, will establish

procedures to assess and reasonably accommodate the disabilities of inmates. The procedures

will include, but not be limited to:

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•

Establishing housing areas that are equipped to meet the physical needs of inmates,

thereby providing for their safety, security, personal care and hygiene in a reasonably

private environment, while affording integration with other inmates.

•

Establishing classification criteria to make housing assignments for inmates with

disabilities.

•

Establishing transportation procedures for transporting inmates with limited mobility.

•

Establishing guidelines for the provision of services, programs and activities to the

disabled.

•

602.3 CHIEF DEPUTY RESPONSIBILITIES

The Chief Deputy, or their designee,, will establish written procedures to assess and reasonably

accommodate disabilities of inmates. The procedures will include, but not be limited to:

•

Establishing housing areas that are equipped to meet the physical needs of disabled

inmates, including areas that allow for personal care and hygiene in a reasonably

private setting and for reasonable interaction with inmates.

•

Establishing classification criteria to make housing assignments to inmates with

disabilities.

•

Assigning individuals with adequate training to assist disabled inmates with basic life

functions as needed. Inmates should not provide this assistance except as allowed in

the Inmate Assistants Policy.

•

Establishing transportation procedures for moving inmates with limited mobility.

•

Establishing guidelines for services, programs and activities for the disabled and

ensuring that inmates with disabilities have an equal opportunity to participate in or

benefit from all aspects of the facility's efforts to prevent, detect and respond to sexual

abuse and sexual harassment (28 CFR 115.16)..

•

Establishing procedures for the request and review of accommodations.

•

Establishing guidelines for the accommodation of individuals who are deaf or

hard of hearing, have common disabilities such as sight and mobility impairments,

developmental disabilities and common medical issues, such as epilepsy.

•

Identification and evaluation of all developmentally disabled inmates, including

contacting the regional center for the developmentally disabled to assist with diagnosis

and/or treatment within 24 hours of identification, excluding holidays and weekends

(15 CCR 1057).

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The Chief Deputy is responsible for ensuring the Monterey County Sheriff's Office jail is designed

or adapted to reasonably accommodate inmates with disabilities. At a minimum this includes:

•

Access to telephones equipped with a telecommunications device for the deaf (TDD)

for inmates who are deaf, hard of hearing or speech-impaired.

•

If orientation videos are used to explain facility rules to newly admitted inmates,

subtitles may be displayed on the video presentation to assist inmates who have

impaired hearing.

•

Some cells and dormitories should be equipped with wheelchair accessible toilet

and shower facilities. Inmates with physical disabilities should be allowed to perform

personal care in a reasonably private environment.

•

Tables designed for eating should be accessible to those in wheelchairs.

602.4 DEPUTIES RESPONSIBILITIES

Deputies should work with qualified health care professionals to aid in making accommodations

for those with physical disabilities.

Deputies who work in the classification process should be aware of inmates with disabilities

before making housing decisions. For example, persons with mobility issues may require a lower

bunk and accessible toilet and shower facilities. When necessary or required, a supervisor of

classification deputy should consult with the qualified health care professional or the Responsible

Physician regarding housing location.

Deputies should assist an inmate with a disability by accommodating the inmate consistent with

any guidelines related to the inmate's disability. If there are no current guidelines in place, deputies

receiving an inmate request for accommodation of a disability should direct the inmate to provide

the request in writing or assist the inmate in doing so, as needed. The written request should

be brought to the on-duty supervisor as soon as practicable but during the deputy's current shift.

Generally, requests should be accommodated upon request if the accommodation would not raise

a safety concern or affect the orderly function of the jail. The formal written request should still be

submitted to the on-duty supervisor.

Requests that are minor and do not reasonably appear related to a significant or ongoing need may

be addressed informally, such as providing extra tissue to an inmate with a cold. Such requests

need not be made in writing.

602.5 ACCOMMODATION REQUESTS

Inmates shall be asked to reveal any accommodation requests during the intake medical process.

Any such request will be addressed according to the medical process.

Requests for accommodation after initial entry into the facility should be made through the

standard facility request process and should be reviewed by a supervisor within 24 hours of the

request being made. The reviewing supervisor should evaluate the request and, if approved, notify

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the Chief Deputy, and any other staff as necessary to meet the accommodation. The supervisor

should make a record of the accommodation in the inmate's file.

A supervisor who does not grant the accommodation, either in part or in full, should forward the

request to the Chief Deputy within 48 hours of the request being made. The Chief Deputy, with

the assistance of legal counsel, should make a determination regarding the request within five

days of the request being made.

602.6 TRAINING

The Training Sergeant should provide periodic training on such topics as:

(a)

Policies, procedures, forms and available resources for disabled inmates.

(b)

Working effectively with interpreters, telephone interpretive services and related

equipment.

(c)

Training for management staff, even if they may not interact regularly with disabled

individuals, so that they remain fully aware of and understand this policy and can

reinforce its importance and ensure its implementation.

Policy

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Inmate Access to Courts and Counsel

603.1 PURPOSE AND SCOPE

The purpose of this policy is to protect the constitutional rights of inmates to access the courts and

legal counsel, while holding inmates accountable to the rules and regulations that govern conduct

in this facility. The staff at every level is reminded the fundamental constitutional right of access

to courts does not end when a person is incarcerated.

603.2 POLICY

It is the policy of this office that all inmates will have access to the courts and the ability to consult

with legal counsel (15 CCR 1068).

603.3 INMATE ACCESS

Staff should not unreasonably interfere with inmates' attempts to seek counsel and where

appropriate should assist inmates with making confidential contact with attorneys and authorized

representatives.

Access to courts and legal counsel may occur through court-appointed counsel, attorney or legal

assistant visits, telephone conversations or written communication. To facilitate access, this facility

will minimally provide:

• Confidential attorney visiting areas that include the means by which the attorney and

the inmate can share legal documents.

• Telephones that enable confidential attorney-client calls.

• Reasonable access to legal materials.

• A means of providing assistance through the court process by individuals trained in

the law. This assistance will be available to illiterate inmates and those who cannot

speak or read English or who have disabilities that would impair their ability to access.

• Writing materials, envelopes and postage for indigent inmates for legal

communications and correspondence.

The Chief Deputy shall be responsible for ensuring that information regarding access to courts

and legal counsel and requesting legal materials or legal assistance is included in the inmate

handbook, that is provided during inmate orientation.

603.4 CONFIDENTIALITY

All communication between inmates and their attorneys is confidential, including telephone

conversations, written communication and video conferencing. The content of written attorney-

client communication will not be reviewed or censored but the documents may be inspected for

contraband.

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Outgoing and incoming legal correspondence shall be routed through the staff, who have received

special training in inspecting confidential documents and who are accountable for maintaining

confidentiality. Incoming legal correspondence shall be opened and inspected for contraband in

the presence of the recipient inmate.

Inmates may seek the assistance of other inmates in writing writs and other legal correspondence

to the courts, when needed subject to the security and safety needs of the inmates, staff and the

facility.

603.5 INMATE REQUEST FOR ASSISTANCE

Written materials addressing how an inmate can access local attorneys and key legal documents

shall be available in each housing unit. Staff shall provide these materials to any inmate upon

request. However, staff shall not provide legal advice or assist any inmate in the completion of

any legal document.

Habeas corpus forms shall be made available to any inmate by the staff upon request.

Legal forms filled out by the inmate shall be forwarded to court administration directly or via an

appointed legal assistant.

603.6 VISITATION RELATED TO LEGAL DEFENSE

Visits with inmates that are related to legal defense, including attorneys, paralegals and

investigators, will be permitted only in the areas designated for legal visitation or by way of video

visitation to assure confidentiality (15 CCR 1068(b)). Contact visits may be approved by the Chief

Deputy for special circumstances.

(a) Visits shall be of a reasonable length of time to discourage any allegation the defense

of the inmate was hindered due to the length of time allowed for the legally authorized

visit. These visits shall be of such a length of time that they do not interfere with the

security, order and discipline of this facility. The permissible time for visitation should

be flexible but shall not substantially interfere with other facility schedules, such as

medical examinations, meal service or other required activities.

(b) Only materials brought to this facility by an approved legal assistant shall be allowed.

through the Shift Commander for logging and distribution.

603.7 LEGAL MAIL

1. Legal mail is defined as correspondence from or to state and federal courts, any member

of the State Bar or holder of public office, and the State Board of Corrections

(Refer to Title 15, Chapter 1063, Section C.) Legal mail is determined by the return address on

the outside of the envelope. Questions as to whether or not a letter is legal mail shall be

referred to the Inmate Services Sergeant

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2. Inmates may correspond in confidence with the Corrections Ombudsman and facility

management. However, this is not considered legal mail.

3. Legal mail shall only be opened and inspected for contraband in the presence of the inmate.

4. Deputies shall not read incoming/outgoing legal mail; however, it shall be handled and

inspected for contraband, cash, checks, or money orders.

5. A memo to the Facility Commander shall be prepared whenever legal mail is opened in error.

The report shall state the circumstances surrounding the opening of the correspondence.

Copies of the memo shall be distributed to the inmate and placed in the Inmate File.

603.8 IN PROPRIA PERSONA (PRO PER) INMATES

Inmates may be granted pro per status by court order only. Any time a court order is received

designating an inmate as having been granted pro per status, all relevant records systems at the

facility shall be updated to reflect this information. A copy of the court order shall be maintained

in the inmate's file in accordance with established records retention schedules.

The court may, but is not required to, appoint to an inmate who is designated pro per a back-up

attorney, paralegal or other person to assist the inmate with legal research. All information related

to appointed assistants should be recorded in the relevant facility records.

Any provision of legal materials shall be in accordance with court directives and in consultation

with the County Counsel.

603.8.1 PRO PER STATUS MISUSE

Any inmate who is granted pro per status and is found to be misusing or abusing that status to

the extent that it poses a demonstrable threat to the safety and security of the facility shall be

immediately reported to the Chief Deputy. The Chief Deputy may recommend the suspension or a

limitation of the inmate's pro per privileges if they adversely affect the safety and security of the jail.

Upon the concurrence with the findings and recommendation of the Chief Deputy, Sheriff or the

authorized designee shall consult with the Office's legal counsel prior to notifying the court of any

intent to limit the described pro per privileges.

The inmate may petition the court if he/she is dissatisfied with the action taken.

603.8.2 PRO PER STATUS - MATERIALS AND SUPPLIES

The facility may provide the following materials and supplies to a pro per inmate. These items

may be retained by the inmate but must be kept in the container supplied for such purpose. The

items may include:

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• Up to one-half of a ream of 8½-inch x 11-inch plain bond typing paper

• Up to three ruled legal notepads

• Standard legal size envelopes

• One dozen (maximum) black lead golf pencils

• Two erasers

• One legal size accordion file

• 9-inch x 12-inch manila envelopes and 10-inch x 14-inch manila envelopes

• Up to a maximum of four law books at one time (paperback or hardback)

Unless otherwise ordered by the court, the Office shall have no obligation to supply materials

beyond those listed above. Replacement of any of the listed items shall be accomplished through

a written request to the Shift Commander or the authorized designee. Supplies provided by a court

legal liaison will be received and distributed by the Shift Commander or the authorized designee.

All supplies distributed to the inmate will be recorded in the inmate's pro per activities record.

Supplies not listed in this policy are subject to approval by the Chief Deputy or the authorized

designee.

Access to ballpoint pens, for signature purposes only, will be provided through a supervisor. The

use of the pen will be supervised by the staff and taken from the inmate immediately after its use.

Copies of an inmate's final legal (criminal case) work product, upon the inmate's request, may be

provided subject to arrangements with the court.

Inmates may purchase their own legal books and materials. However, such materials will

be subject to safety inspection and rules pertaining to items permitted to be in the inmate's

possession. Personal books must be marked with the inmate's name and booking number.

Any books or materials found in the inmate's possession beyond what is authorized will be returned

or placed in the inmate's property.

603.8.3 PRO PER INMATES INTERVIEWING WITNESSES

A pro per inmate may be permitted to interview prospective witnesses in the regular visitation area.

Requests for visits outside of normal visiting hours will be directed to a supervisor for approval

and should be accommodated when practicable.

Interviews conducted by pro per inmates are subject to the following rules and restrictions:

(a) No interview will be permitted without notification from a judge confirming or validating

the prospective witness. The pro per inmate is responsible for providing the judge with

the list of prospective witnesses for validation.

(b) No visit shall be permitted by a prospective witness who is in the custody of this office

or otherwise detained by a government agency, except upon a specific court order.

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603.8.4 TELEPHONE USAGE

Pro per inmates may use the telephones in their housing areas to place calls concerning

their cases. Court-authorized pro per telephone calls shall not be monitored and shall

be provided without charge to the inmate in accordance with the orders of the

court. Free Pro per Telephone calls from the Reception Center will be allowed, Monday-Friday 0800-01700 For

a reasonable time and dependent upon Receiving's activity(see the Inmate Telephone Access

Policy).

Policy

604

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Foreign Nationals and Diplomats

604.1 PURPOSE AND SCOPE

This policy addresses the privileges and immunities afforded to members of foreign diplomatic

missions and consular posts.

This policy also addresses the legal requirements related to consular notifications that should

occur when a foreign national is in custody.

604.1.1 DEFINITIONS

Definitions related to this policy include:

Foreign national - A person who is not a citizen of the United States. A person with dual-

citizenship, U.S. and foreign, is not a foreign national.

Immunity - Refers to various protections and privileges extended to the employees of foreign

governments who are present in the U.S. as official representatives of their home governments.

These privileges are embodied in international law and are intended to ensure the efficient

and effective performance of their official missions (i.e., embassies, consulates, etc.) in foreign

countries. Proper respect for the immunity to which an individual is entitled is necessary to ensure

that U.S. diplomatic relations are not jeopardized and to maintain reciprocal treatment of U.S.

personnel abroad. Although immunity may preclude U.S. courts from exercising jurisdiction, it is

not intended to excuse unlawful activity. It is the policy of the DOS Office of Foreign Missions

(OFM) that illegal acts by Foreign Service personnel should always be pursued through proper

channels. The host country's right to protect its citizens supersedes immunity privileges. Peace

officers may intervene to the extent necessary to prevent the endangerment of public safety or

the commission of a serious crime, regardless of immunity claims.

604.2 POLICY

The Monterey County Sheriff's Office Jail will treat foreign diplomatic and consular personnel with

due regard for the privileges and immunities to which they are entitled under international law. The

Office will investigate all claims of immunity and accept custody of the person when appropriate.

The Monterey County Sheriff's Office Jail will also honor the laws related to foreign nationals in

custody by making proper consular notifications and by assisting those who wish to contact their

consular representative.

604.3 DIPLOMATIC AND CONSULAR IMMUNITY

604.3.1 AVAILABILITY OF RESOURCES

The Shift Commander will ensure that current contact information for the U.S. Department of State

and the U.S. Mission to the United Nations is readily available for office members who need to

verify a claim of diplomatic or consular immunity. Relevant material for law enforcement published

by the U.S. Department of State Bureau of Diplomatic Security should be readily available as well.

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604.3.2 ADDRESSING CLAIMS OF DIPLOMATIC OR CONSULAR IMMUNITY

When an arrestee who claims diplomatic or consular immunity is brought to the Monterey County

Sheriff's Office Jail the receiving deputy shall first inform the Shift Commander and then generally

proceed as follows:

(a) Do not accept custody of the person from the transporting deputy. The person should

not be brought inside the Monterey County Sheriff's Office Jail unless doing so would

facilitate the investigation of his/her claim of immunity.

(b) Do not handcuff the person, or, if handcuffs have been applied, remove them unless

there is an articulable threat that would justify their use.

she will be detained until his/her identity and immunity can be confirmed. Attempt to

obtain a U.S. Department of State-issued identification card or other identification or

documents that may relate to the claimed immunity.

(d) In all cases, verify the status and level of immunity by contacting the U.S. Department

of State or the U.S. Mission to the United Nations, as appropriate.

It will be the responsibility of the Shift Commander to communicate the claim of immunity to the

on-duty supervisor of the arresting office (if not the Monterey County Sheriff's Office). The Shift

Commander may assist another agency in determining the person’s immunity status.

The Shift Commander is responsible for ensuring appropriate action is taken based upon

information received regarding the person’s immunity status.

604.3.3 REPORTING

If the person’s immunity status has been verified, the Shift Commander should ensure a report is

prepared describing the details and circumstances of any detention or custody. A copy of the report

should be faxed or mailed as soon as possible to the U.S. Department of State in Washington,

D.C. or to the U.S. Mission to the United Nations in New York in cases involving a member of

the United Nations community.

604.4 CONSULAR NOTIFICATIONS

604.4.1 CONSULAR NOTIFICATION LIST AND CONTACTS

The Chief Deputy will ensure that the U.S. Department of State’s list of countries and jurisdictions

that require mandatory notification is readily available to office members. There should also

be a published list of foreign embassy and consulate telephone and fax numbers, as well as

standardized notification forms that can be faxed and then retained for the record. Prominently

displayed placards informing inmates of rights related to consular notification should also be

posted.

604.4.2 CONSULAR NOTIFICATION ON BOOKING

Office members assigned to book inmates shall:

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(a) Inform the foreign national, without delay, that he/she may have his/her consular

officers notified of the arrest or detention and may communicate with them. Members

shall ensure this notification is acknowledged and documented.

(b) Determine whether the foreign national’s country is on the U.S. Department of State’s

mandatory notification list.

foreign national requests that his/her consular officers be notified, then:

1. Notify the nearest embassy or consulate of the foreign national’s country of

the person’s arrest or detention by faxing the appropriate notification form. If

no fax confirmation is received, a telephonic notification should be made and

documented.

2. Forward any communication from the foreign national to his/her consular officers

without delay.

(d) If the foreign national’s country is on the list for mandatory notification, then:

1. Notify the nearest embassy or consulate of the foreign national’s country, without

delay, of the person’s arrest or detention by faxing the appropriate notification

form. If no fax confirmation is received, a telephonic notification should be made

and documented.

2. Tell the foreign national that this notification has been made and inform him/her

without delay that he/she may communicate with his/her consular officers.

3. Forward any communication from the foreign national to his/her consular officers

without delay.

4. Document all notifications to the embassy or consulate and retain the faxed

notification and any fax confirmation for the inmate’s file.

Members should never discuss anything with consulate personnel beyond the required

notifications, such as whether the inmate is requesting asylum. Requests for asylum should be

forwarded to the Shift Commander.

604.4.3 HONORARY CONSULS

Honorary consuls are part-time employees of the country they represent and are either permanent

residents of the U.S. or U.S. nationals (unlike career consular officers, who are foreign nationals

on temporary assignment to the U.S.). Honorary consuls may be arrested and detained. Limited

immunity for official acts may be available as a subsequent defense. Family members have no

immunity.

604.5 IDENTIFICATION

All diplomatic and consular personnel who are entitled to immunity are registered with the DOS

and are issued distinctive identification cards by the DOS protocol office. These cards are the best

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means of identifying Foreign Service personnel. They include a photograph, identifying information

and, on the reverse side, a brief description of the bearer's immunity status. These identification

cards are not always promptly issued by the DOS.

In addition to the DOS identification card, Foreign Service personnel should also have a driver's

license issued by the DOS Diplomatic Motor Vehicle Office (DMVO), which in most circumstances

replaces the operator's license issued by the state. Additionally he/she may have California

credentials issued by the California Emergency Management Agency (Cal EMA).

604.6 PROCEDURE

Inmates who are identified as foreign nationals should be advised of their rights regarding consular

notification and access at the time of booking. The booking deputy shall:

• Determine the foreign national's country.

• Determine if the inmate's country is a mandatory notification country.

• Notify that country's nearest consular officials, without unreasonable delay, of the

arrest/detention.

• Notify the foreign national that the notification is being made to his/her consulate office.

• If the inmate's country is not on the mandatory notification list, offer to notify the proper

consulate of the arrest/detention without delay.

• Record in the official inmate booking document the notification and actions taken,

including notification refusals by inmates from non-mandatory notification countries.

Policy

605

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Inmate Rights - Protection from Abuse

605.1 PURPOSE AND SCOPE

The purpose of this policy is to establish guidelines to ensure that inmates are afforded a safe,

healthful environment free from abuse, corporal punishment or harassment, and that inmate

property is protected.

605.2 POLICY

It is the policy of this office to make every reasonable effort to protect inmates from personal

abuse, corporal punishment, personal injury, disease, property damage and harassment by other

inmates or staff. Staff shall take reasonable actions to safeguard vulnerable inmates from others

and shall use the classification policies and procedures to make housing decisions that will provide

for inmate safety. Abuse of inmates by staff or other inmates will not be tolerated.

The Chief Deputy or the authorized designee shall be responsible for including prohibitions

against inmate abuse and harassment, rules regarding respect for the property of others, and

the prevention of disease in the inmate handbook. All inmates shall receive a copy of the inmate

handbook during the booking process, which shall be printed in a language understood by the

inmate. The inmate also shall receive verbal instruction on inmate rights during orientation.

605.3 RESPONSIBILITY

It shall be the responsibility of all facility staff to adhere to policies, procedures and practices, and

to make every reasonable effort to prevent inmate injury, harassment and abuse, to prevent theft

or damage to inmate property and to eliminate conditions that promote disease. These procedures

include, but are not limited to:

• Following the classification guidelines for inmate housing.

• Closely supervising inmate activities and interceding as needed to prevent violence,

harassment or abuse of inmates.

• Using force only when necessary and to the degree that is reasonable.

• Reporting all inmate injuries, investigating the cause of reported injuries and

documenting these efforts in an incident report.

• Enforcing all rules and regulations in a fair and consistent manner.

• Preventing any practice of inmates conducting kangaroo courts or dispensing

discipline toward any other inmate.

• Conducting required safety checks of all inmate housing areas.

• Checking all safety equipment for serviceability and making a report of any defective

equipment to the appropriate supervisor or Chief Deputy.

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• Referring sick or injured inmates to a qualified health care professional without

unnecessary delay.

• Maintaining high standards of cleanliness throughout the jail.

• Documenting all abuse protection efforts in facility logs and incident reports as

applicable.

Policy

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Prison Rape Elimination Act

606.1 PURPOSE AND SCOPE

This policy provides guidance for compliance with the Prison Rape Elimination Act of 2003 (PREA)

and the implementing regulation that establishes standards (PREA Rule) to prevent, detect, and

respond to sexual abuse and sexual harassment (28 CFR 115.11; 15 CCR 1029).

606.1.1 DEFINITIONS

Definitions related to this policy include:

Intersex - A person whose sexual or reproductive anatomy or chromosomal pattern does not seem

to fit typical definitions of male or female. Intersex medical conditions are sometimes referred to

as disorders of sex development (28 CFR 115.5).

Sexual abuse - Any of the following acts, if the inmate does not consent, is coerced into such

act by overt or implied threats of violence, or is unable to consent or refuse (28 CFR 115.6; 15

CCR 1006):

(a) Contact between the penis and the vulva or the penis and the anus, including

penetration, however slight

(b) Contact between the mouth and the penis, vulva, or anus

hand, finger, object, or other instrument

(d) Any other intentional touching, either directly or through the clothing, of the genitalia,

anus, groin, breast, inner thigh, or the buttocks of another person, excluding contact

incidental to a physical altercation

Sexual abuse also includes abuse by a staff member, contractor, or volunteer as follows, with or

without consent of the inmate, detainee, or resident:

•

Contact between the penis and the vulva or the penis and the anus, including

penetration, however slight

•

Contact between the mouth and the penis, vulva, or anus

•

Contact between the mouth and any body part where the staff member, contractor, or

volunteer has the intent to abuse, arouse, or gratify sexual desire

•

Penetration of the anal or genital opening, however slight, by a hand, finger, object,

or other instrument, that is unrelated to official duties, or where the staff member,

contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire

•

Any other intentional contact, either directly or through the clothing, of or with the

genitalia, anus, groin, breast, inner thigh, or the buttocks, that is unrelated to official

duties, or where the staff member, contractor, or volunteer has the intent to abuse,

arouse, or gratify sexual desire

•

Any attempt, threat, or request by a staff member, contractor, or volunteer to engage

in the activities described above

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•

Any display by a staff member, contractor, or volunteer of his/her uncovered genitalia,

buttocks, or breast in the presence of an inmate, detainee, or resident

•

Voyeurism by a staff member, contractor, or volunteer

Sexual harassment - Repeated and unwelcome sexual advances; requests for sexual favors;

verbal comments, gestures, or actions of a derogatory or offensive sexual nature by one inmate,

detainee, or resident that are directed toward another; repeated verbal comments or gestures of

a sexual nature to an inmate, detainee, or resident by a staff member, contractor, or volunteer,

including demeaning references to gender, sexually suggestive or derogatory comments about

body or clothing, or obscene language or gestures (28 CFR 115.6; 15 CCR 1006).

Transgender - a person whose gender identity (i.e., internal sense of feeling male or female) is

different from the person’s assigned sex at birth (28 CFR 115.5).

606.2 POLICY

This office has zero tolerance with regard to sexual abuse and sexual harassment in this

facility. This office will take appropriate affirmative measures to protect all inmates from sexual

abuse and harassment, and promptly and thoroughly investigate all allegations of sexual abuse

and sexual harassment.

606.3 PREA COORDINATOR

The Chief Deputy shall appoint an upper-level manager with sufficient time and authority to

develop, implement, and oversee office efforts to comply with PREA standards. The PREA

coordinator shall review facility policies and practices, and make appropriate compliance

recommendations to the Chief Deputy (28 CFR 115.11).

The PREA coordinator’s responsibilities shall include:

(a) Developing a written plan to coordinate response among staff first responders,

medical and mental health practitioners, investigators, and facility management to

an incident of sexual abuse. The plan must also outline the office's approach to

identifying imminent sexual abuse toward inmates and preventing and detecting such

incidents (28 CFR 115.11; 28 CFR 115.65; 28 CFR 115.62).

(b) Ensuring that within 30 days of intake, inmates are provided with comprehensive

education, either in person or through video, regarding their rights to be free from

sexual abuse and sexual harassment and to be free from retaliation for reporting such

incidents, and regarding the office’s policies and procedures for responding to such

incidents (28 CFR 115.33).

where applicable, in order to protect detainees from sexual abuse. This includes

documenting deviations and the reasons for deviations from the staffing plan, as well

as reviewing the staffing plan a minimum of once per year. In calculating adequate

staffing levels and determining the need for video monitoring, facilities shall take into

consideration (28 CFR 115.13):

1. Generally accepted detention and correctional practices.

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2. Any judicial findings of inadequacy.

3. Any findings of inadequacy from federal investigative agencies.

4. Any findings of inadequacy from internal or external oversight bodies.

5. All components of the facility's physical plant, including blind spots or areas

where staff or inmates may be isolated.

6. The composition of the inmate population.

7. The number and placement of supervisory staff.

8. Institution programs occurring on a particular shift.

9. Any applicable state or local laws, regulations, or standards.

10. The prevalence of substantiated and unsubstantiated incidents of sexual abuse.

11. Any other relevant factors.

(d) Ensuring that, when designing, acquiring, expanding, or modifying facilities, or when

installing or updating a video-monitoring system, electronic surveillance system, or

other monitoring technology, consideration is given to the office’s ability to protect

inmates from sexual abuse (28 CFR 115.18).

(e) Ensuring that any contract for the confinement of office detainees or inmates includes

the requirement to adopt and comply with the PREA standards including obtaining

incident-based and aggregated data, as required in 28 CFR 115.187. Any new contract

or contract renewal shall provide for office contract monitoring to ensure that the

contractor is complying with the PREA standards (28 CFR 115.12).

(f) Making reasonable efforts to enter into agreements with community service providers

to provide inmates with confidential, emotional support services related to sexual

abuse. The facility shall provide inmates with access to outside victim advocates

for emotional support services related to sexual abuse by giving inmates mailing

addresses and telephone numbers, including toll-free hotline numbers where

available, of local, state, or national victim advocacy or rape crisis organizations.

Persons detained solely for civil immigration purposes shall be given contact

information for immigrant services agencies. The facility shall enable reasonable

communication between inmates and these organizations and agencies in as

confidential a manner as possible. The facility shall inform inmates, prior to giving

them access, of the extent to which such communications will be monitored and the

extent to which reports of abuse will be forwarded to authorities in accordance with

mandatory reporting laws (28 CFR 115.53).

(g) Ensuring the protocol describing the responsibilities of the Office and of another

investigating agency, if another law enforcement agency will be responsible for

conducting any sexual abuse or sexual harassment investigations, is published on the

facility website or by other means, if no website exists (28 CFR 115.22).

(h) Implementing a process by which inmates may report sexual abuse and sexual

harassment to a public/private entity or an office that is not part of the Office, and that

the outside entity or office is able to receive and immediately forward inmate reports

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of sexual abuse and sexual harassment to the Chief Deputy, allowing the inmate

anonymity (28 CFR 115.51; 15 CCR 1029).

(i) Establishing a process to ensure accurate, uniform data is collected for every

allegation of sexual abuse at facilities under the direct control of this office, using

a standardized instrument and set of definitions. Upon request, the Office shall

provide all such data from the previous calendar year to the U.S. Department of

Justice (DOJ) no later than June 30 (28 CFR 115.87; 34 USC § 30303; 15 CCR 1041).

1. The data collected shall include, at a minimum, the data necessary to answer

all questions from the most recent version of the Survey of Sexual Violence

conducted by the U.S. DOJ.

2. The data shall be aggregated at least annually.

(j) Establishing a process to monitor the conduct and treatment of detainees or staff who

have reported sexual abuse, and the conduct and treatment of detainees who were

reported to have suffered sexual abuse.

(k) Ensuring that the following are published on the office's website or by other means,

if no website exists:

1. Office policy governing investigations of allegations of sexual abuse and sexual

harassment or the referral of such investigations of sexual abuse or sexual

harassment (unless the allegation does not involve potentially criminal behavior)

(28 CFR 115.22)

2. Information on how to report sexual abuse and sexual harassment on behalf of

an inmate (28 CFR 115.54)

(l) Ensuring audits are conducted pursuant to 28 CFR 115.401 through 28 CFR 115.405

(28 CFR 115.93).

(m) Implementing a protocol requiring mid-level or higher-level supervisors to conduct and

document unannounced inspections to identify and deter sexual abuse and sexual

harassment. The protocol shall prohibit announcing when such inspections are to

occur, unless it is necessary for operational considerations (28 CFR 115.13).

(n) Ensuring agreements with outside investigating agencies include PREA requirements,

including a requirement to keep the Monterey County Sheriff's Office informed of the

progress of the investigation (28 CFR 115.71).

(o) Ensuring that information for uninvolved inmates, family, community members, and

other interested third parties to report sexual abuse or sexual harassment is publicly

posted at the facility (15 CCR 1029).

(p) Ensuring the Office conducts follow-up criminal background records checks at least

once every five years on members or contractors who may have contact with inmates

or has in place a system for otherwise capturing such information (28 CFR 115.17).

606.4 REPORTING SEXUAL ABUSE, HARASSMENT, AND RETALIATION

Any employee, agency representative, volunteer, or contractor who becomes aware of an incident

of sexual abuse, sexual harassment, or retaliation against inmates or staff shall immediately notify

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a supervisor, who will forward the matter to a sexual abuse investigator (28 CFR 115.61). Staff

may also privately report sexual abuse and sexual harassment of inmates (e.g., report to the Chief

Deputy) (28 CFR 115.51; 15 CCR 1029).

The facility shall provide information to all visitors or third parties on how they may report any

incident, or suspected incident of sexual abuse, or sexual harassment to a staff member (28 CFR

115.54; 15 CCR 1029).

Inmates may report incidents anonymously or to any staff member they choose. Staff shall

accommodate all inmate requests to report allegations. Staff shall accept reports made verbally,

in writing, anonymously, or from third parties and shall promptly document all verbal reports (28

CFR 115.51; 15 CCR 1029).

Threats or allegations of sexual abuse, sexual harassment, or retaliation, regardless of the source,

shall be documented and referred for investigation. Reports shall only be made available to those

who have a legitimate need to know, and in accordance with this policy and applicable law (28

CFR 115.61).

606.4.1 REPORTING TO OTHER FACILITIES

If there is an allegation that an inmate was sexually abused while he/she was confined at another

facility, the Chief Deputy shall notify the head of that facility as soon as possible but not later than

72 hours after receiving the allegation. The Chief Deputy shall ensure that the notification has

been documented (28 CFR 115.63).

606.5 RETALIATION

All inmates and staff who report sexual abuse or sexual harassment, or who cooperate with sexual

abuse or sexual harassment investigations, shall be protected from retaliation.

Protective measures, including housing changes, transfers, removal of alleged abusers from

contact with victims, administrative reassignment, or reassignment of the victim or alleged

perpetrator to another housing area, and support services for inmates or staff who fear retaliation,

shall be utilized (28 CFR 115.67; 15 CCR 1029).

The Chief Deputy or the authorized designee shall assign a supervisor to monitor, for at least 90

days, the conduct and treatment of inmates or staff who report sexual abuse or sexual harassment,

as well as inmates who were reported to have suffered sexual abuse, to determine if there is

any possible retaliation. The supervisor shall act promptly to remedy any such retaliation. The

assigned supervisor should consider inmate disciplinary reports, housing or program changes,

negative staff performance reviews, or reassignment of staff members. Monitoring may continue

beyond 90 days if needed. Inmate monitoring shall also include periodic status checks. The Chief

Deputy should take reasonable steps to limit the number of people with access to the names of

individuals being monitored and should make reasonable efforts to ensure that staff members who

pose a threat of retaliation are not entrusted with monitoring responsibilities.

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If any other individual who cooperates with an investigation expresses a fear of retaliation, the

facility shall take reasonable measures to protect that individual against retaliation (28 CFR

115.67).

606.5.1 REPORTS BY INMATES

Inmates may report sexual assault or abuse incidents anonymously or to any staff member they

choose and shall not be required to use their normal point of contact. Staff shall accommodate all

inmate requests to report allegations of sexual abuse and assaults.

Retaliation against an inmate by any staff member for filing a sexual abuse, assault or harassment

incident will not be tolerated.

606.6 FIRST RESPONDERS

If an allegation of inmate sexual abuse is made, the first deputy to respond shall (28 CFR 115.64):

(a)

Separate the parties.

(b)

Request medical assistance as appropriate. If no qualified health care or mental health

professionals are on-duty when a report of recent abuse is made, staff first responders

shall take preliminary steps to protect the victim and shall immediately notify the

appropriate qualified health care and mental health professionals (28 CFR 115.82).

(c)

Establish a crime scene to preserve and protect any evidence. Identify and secure

witnesses until steps can be taken to collect any evidence.

(d)

If the time period allows for collection of physical evidence, request that the alleged

victim, and ensure that the alleged abuser, do not take any actions that could

destroy physical evidence (e.g., washing, brushing teeth, changing clothes, urinating,

defecating, smoking, drinking, eating).

(e)

Consider whether a change in classification or housing assignment for the victim

is needed or whether witnesses to the incident need protection, both of which may

include reassignment of housing.

(f)

Determine whether the alleged perpetrator should be administratively segregated or

administratively transferred during the investigation.

If the first responder is not a deputy, the responder shall request the alleged victim to refrain from

any actions that could destroy physical evidence and then immediately notify a deputy.

Should an investigation involve inmates who have disabilities or who have limited English

proficiency, the first responder shall not rely on inmate interpreters, inmate readers or other types

of inmate assistants, except in limited circumstances where an extended delay in obtaining an

interpreter could compromise inmate safety, the performance of first responder duties or the

investigation of sexual abuse or sexual harassment allegations (28 CFR 115.16).

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606.7 SEXUAL ABUSE AND SEXUAL HARASSMENT INVESTIGATIONS

An administrative investigation, criminal investigation or both shall be completed for all allegations

of sexual abuse and sexual harassment (28 CFR 115.22). Administrative investigations shall

include an effort to determine whether the staff’s actions or inaction contributed to the abuse. All

administrative and/or criminal investigations shall be documented in written reports that include a

description of the physical and testimonial evidence, the reasoning behind credibility assessments,

and investigative facts and findings. Only investigators who have completed office-approved

training on sexual abuse and sexual harassment investigation shall be assigned to investigate

these cases (28 CFR 115.71).

When practicable, an investigator of the same sex as the victim should be assigned to the

case. Sexual abuse and sexual harassment investigations should be conducted promptly and

continuously until completed. Investigators should evaluate reports or threats of sexual abuse

and sexual harassment without regard to an inmate’s sexual orientation, sex, or gender identity.

Investigators should not assume that any sexual activity among inmates is consensual.

The departure of the alleged abuser or victim from the employment or control of the jail or Office

shall not provide a basis for terminating an investigation (28 CFR 115.71).

If the investigation is referred to another agency for investigation, the Office shall request that the

investigating agency follow the requirements as provided in 28 CFR 115.21 (a) through (e). The

referral shall be documented. The Office shall cooperate with the outside agency investigation and

shall request to be informed about the progress of the investigation (28 CFR 115.71) If criminal

acts are identified as a result of the investigation, the case shall be presented to the appropriate

prosecutor’s office for filing of new charges (28 CFR 115.71).

Evidence collection shall be based on a uniform evidence protocol that is adapted from or

otherwise based on the most recent edition of the DOJ’s Office on Violence Against Women

publication, ‘‘A National Protocol for Sexual Assault Medical Forensic Examinations, Adults/

Adolescents,’’ or similarly comprehensive and authoritative protocols developed after 2011 (28

CFR 115.21).

Inmates alleging sexual abuse shall not be required to submit to a polygraph examination or other

truth-telling device as a condition for proceeding with an investigation (28 CFR 115.71).

If a victim is considered a vulnerable adult under state law, the assigned investigator shall report

the allegation to the designated social services agency as required (28 CFR 115.61).

606.7.1 INVESTIGATIVE FINDINGS

All completed written investigations shall be forwarded to the Chief Deputy or, if the allegations

may reasonably involve the Chief Deputy, to the Sheriff. The Chief Deputy or Sheriff shall review

the investigation and determine whether any allegations of sexual abuse or sexual harassment

have been substantiated by a preponderance of the evidence (28 CFR 115.71; 28 CFR 115.72).

The staff shall be subject to disciplinary sanctions, up to and including termination, for violating

this policy. Termination shall be the presumptive disciplinary sanction for staff members who have

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engaged in sexual abuse. All discipline shall be commensurate with the nature and circumstances

of the acts committed, the staff member’s disciplinary history, and the sanctions imposed for

comparable offenses by other staff with similar histories.

All terminations for violations of sexual abuse or sexual harassment policies, or resignations by

staff who would have been terminated if not for their resignation, shall be reported to the law

enforcement agency that would handle any related investigation and to any relevant licensing

bodies (28 CFR 115.76).

606.7.2 REPORTING TO INMATES

The Chief Deputy or the authorized designee shall inform a victim inmate in writing whether an

allegation has been substantiated, unsubstantiated or unfounded. If the Office did not conduct the

investigation, the Office shall request relevant information from the investigative agency in order

to inform the inmate.

If a staff member is the accused (unless the Office has determined that the allegation is

unfounded), the inmate shall also be informed whenever:

(a)

The staff member is no longer assigned to the inmate’s unit or employed at the facility.

(b)

The Office learns that the staff member has been indicted or convicted on a charge

related to sexual abuse within the facility.

If another inmate is the accused, the alleged victim shall be notified whenever the Office learns

that the alleged abuser has been indicted or convicted on a charge related to sexual abuse within

the facility.

All notifications or attempted notifications shall be documented. When notification is made while

the inmate is in custody, the inmate will sign a copy of the notification letter. The letter will be

added to the case file (28 CFR 115.73).

606.8 SEXUAL ABUSE AND SEXUAL HARASSMENT BETWEEN STAFF AND INMATES

Sexual abuse and sexual harassment between staff, volunteers or contract personnel and inmates

is strictly prohibited. The fact that an inmate may have initiated a relationship or sexual contact is

not recognized as a defense to violating this policy.

Any incident involving allegations of staff-on-inmate sexual abuse or sexual harassment shall be

referred to the Professional Standards Unit for investigation.

606.8.1 SEXUAL ABUSE BY CONTRACTOR OR VOLUNTEER

Any contractor or volunteer who engages in sexual abuse within the facility shall be immediately

prohibited from having any contact with inmates. He/she shall be promptly reported to the law

enforcement agency that would investigate such allegations and brought to the attention of any

relevant licensing bodies (28 CFR 115.77).

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606.9 SEXUAL ABUSE VICTIMS

Inmates who are victims of sexual abuse shall be transported to the nearest appropriate location

for treatment of injuries and collection of evidence, and for crisis intervention services (28 CFR

115.82). Depending on the severity of the injuries, transportation may occur by a staff member

or by ambulance, in either case with appropriate security to protect the staff, the inmate and the

public, and to prevent escape.

A victim advocate from a rape crisis center should be made available to the victim. If a rape crisis

center is not available, the Office shall make available a qualified member of a community-based

organization, or a qualified health care or mental health professional from the Office, to provide

victim advocate services. Efforts to secure services from a rape crisis center shall be documented.

A rape crisis center refers to an entity that provides intervention and related assistance, such as

the services specified in (34 USC § 12511 (b)(2)(C), to sexual assault victims of all ages. A rape

crisis center that is part of a government unit may be used if it is not part of the criminal justice

system (such as a law enforcement agency) and it offers a level of confidentiality comparable to

the level at a nongovernmental entity that provides similar victim services (28 CFR 115.21).

606.10 EXAMINATION, TESTING, AND TREATMENT

Examination, testing, and treatment shall include the following (15 CCR 1206):

(a) Forensic medical examinations shall be performed as evidentiarily or medically

appropriate, without financial cost to the victim. Where possible, these examinations

shall be performed by Sexual Assault Forensic Examiners (SAFEs) or Sexual Assault

Nurse Examiners (SANE)s. If neither SAFEs nor SANEs are available, other qualified

medical practitioners can perform the examination. The Office shall document its

efforts to provide SAFEs or SANEs (28 CFR 115.21).

(b) If requested by the victim, a victim advocate, a qualified office staff member, or a

qualified community organization staff member shall accompany the victim through

the forensic medical examination process and investigatory interviews. That person

will provide emotional support, crisis intervention, information, and referrals (28 CFR

115.21).

CFR 115.82).

(d) Counseling for the treatment of sexually transmitted diseases, if appropriate, shall be

provided.

(e) Victims shall be offered information about, and given access to, emergency

contraception, prophylaxis for sexually transmitted infections, and follow-up treatment

for sexually transmitted diseases (28 CFR 115.82; 28 CFR 115.83). This shall be done

in a timely manner.

(f) Victims of sexually abusive vaginal penetration while incarcerated shall be offered

pregnancy tests. If pregnancy results from the abuse, such victims shall receive

comprehensive information about, and access to, all lawful pregnancy-related medical

services (28 CFR 115.83). This shall be done in a timely manner.

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(g) Victims shall be provided with follow-up services, treatment plans, and, when

necessary, referrals for continued care following their transfer to, or placement in, other

facilities, or their release from custody (28 CFR 115.83).

(h) Treatment services shall be provided to the victim without financial cost and regardless

of whether the victim names the abuser or cooperates with any investigation arising

out of the incident (28 CFR 115.82; 28 CFR 115.83).

(i) The health authority or mental health staff shall obtain informed consent from inmates

before reporting information to jail staff about prior sexual victimization that occurred

somewhere other than an institutional setting, unless the inmate is under the age of

18 (28 CFR 115.81).

(j) Medical and mental health practitioners shall ensure that information related to sexual

victimization that occurred in an institutional setting is limited to medical and mental

health practitioners and other staff unless it is necessary to inform jail staff about

security or management decisions (28 CFR 115.81).

606.11 PROTECTIVE CUSTODY

Inmates at high risk for sexual victimization shall not be placed in involuntary protective custody

unless an assessment of available alternatives has been made and it has been determined

that there is no reasonably available alternative means of separation. Inmates may be held in

involuntary protective custody for less than 24 hours while an assessment is completed.

If an involuntary protective custody assignment is made because of a high risk for victimization,

the Chief Deputy shall clearly document the basis for the concern for the inmate’s safety and the

reasons why no alternative means of separation can be arranged (28 CFR 115.43).

The facility shall assign these inmates to involuntary protective custody only until an alternative

means of separation from likely abusers can be arranged, not ordinarily in excess of 30 days.

Inmates placed in temporary protective custody shall continue to have reasonable access to

programs, privileges, education and work opportunities. If restrictions are put in place, the Chief

Deputy shall document the following:

(a) The opportunities that have been limited

(b) The duration of the limitation

Every 30 days, the Chief Deputy shall afford each such inmate a review to determine whether

there is a continuing need for protective custody (28 CFR 115.43).

606.12 SEXUAL ABUSE INCIDENT REVIEW

An incident review shall be conducted at the conclusion of every sexual abuse investigation unless

the allegation has been determined to be unfounded (28 CFR 115.86). The review should occur

within 30 days of the conclusion of the investigation.

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The review team shall include upper-level management officials and seek input from line

supervisors, investigators and qualified health care and/or mental health professionals, as

appropriate:

(a)

Consider whether the investigation indicates a need to change policy or practice in

order to better prevent, detect or respond to sexual abuse.

(b)

Consider whether the incident or allegation was motivated by race; ethnicity; gender

identity; lesbian, gay, bisexual, transgender or intersex identification status or

perceived status; gang affiliation; or other group dynamics at the facility.

(c)

Examine the area in the facility where the incident allegedly occurred to assess

whether physical barriers may enable abuse.

(d)

Assess the adequacy of staffing levels in the area during different shifts.

(e)

Assess whether monitoring technology should be deployed or augmented to

supplement supervision by staff.

(f)

Prepare a written report of the team’s findings, including, but not limited to,

determinations made pursuant to paragraphs (a)-(e) of this section, and any

recommendations for improvement. The report should be submitted to the Sheriff and

the PREA coordinator.

The Chief Deputy or the authorized designee shall implement the recommendations for

improvement or document the reasons for not doing so.

606.13 DATA REVIEWS

This office shall conduct an annual review of collected and aggregated incident-based sexual

abuse data. The purpose of these reviews is to assess and improve the effectiveness of sexual

abuse prevention, detection and response policies, practices and training by:

(a) Identifying problem areas.

(b) Identifying corrective actions taken.

(d) Comparing current annual data and corrective actions with those from prior years.

(e) Assessing the office’s progress in addressing sexual abuse.

The reports shall be approved by the Chief Deputy and made available through the office website.

Material may be redacted from the reports when publication would present a clear and specific

threat to the safety and security of the facility. However, the nature of the redacted material shall

be indicated (28 CFR 115.88).

All aggregated sexual abuse data from Monterey County Sheriff's Office facilities and private

facilities with which it contracts shall be made available to the public at least annually through

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the office website. Before making aggregated sexual abuse data publicly available, all personal

identifiers shall be removed (28 CFR 115.89).

606.14 RECORDS

All case records and reports associated with a claim of sexual abuse and sexual harassment,

including incident reports, investigative reports, offender information, case disposition, medical

and counseling evaluation findings, and recommendations for post-release treatment or

counseling shall be retained in accordance with confidentiality laws.

The Office shall retain all written reports from administrative and criminal investigations pursuant

to this policy for as long as the alleged abuser is held or employed by the Office, plus five years

(28 CFR 115.71).

All other data collected pursuant to this policy shall be securely maintained for at least 10 years

after the date of the initial collection, unless federal, state or local law requires otherwise (28 CFR

115.89).

606.15 PRESERVATION OF ABILITY TO PROTECT INMATES

The Office shall not enter into or renew any collective bargaining agreement or other agreement

that limits the office’s ability to remove alleged staff sexual abusers from contact with any inmates

pending the outcome of an investigation or of a determination of whether and to what extent

discipline is warranted (28 CFR 115.66).

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Grooming

608.1 PURPOSE AND SCOPE

The purpose of this policy is to allow inmates to have freedom in personal grooming, except when

a legitimate government interest justifies the development of grooming standards that are based

upon orders of the court, inmate classification, work status, safety and security, or health and

hygiene.

608.2 POLICY

It is the policy of this facility to allow inmates freedom in personal grooming, except when a valid

government interest justifies that grooming standards be established. The Chief Deputy or the

authorized designee shall establish inmate grooming standards specific to inmate classification,

work status, facility safety and security, or inmate health and hygiene. Any established standards

should not unreasonably interfere with religious observances. Grooming standards should be

identified in the inmate handbook.

608.3 HAIRCUTS

Inmates will be provided haircuts and hair-cutting tools subject to established facility rules. If hair

length, style or condition presents a security or sanitation concern, haircuts may be mandatory.

Inmates who significantly alter their appearance may be required to submit to additional booking

photos.

Inmates shall not cut names, numbers or other designs into their hair. Inmates shall not manipulate

their hair into any style, including, but not limited to, braids, ponytails, cornrows or twists, that could

facilitate the concealment and movement of contraband and weapons.

608.3.1 HAIR CARE SERVICES

The Chief Deputy or the authorized designee shall establish written procedures for inmate hair

care services (15 CCR 1267(a)). The procedures will include schedules for hair care services and

allow rescheduling for conflicts, such as court appearances.

Inmates shall generally be permitted to receive hair care services once per month after being in

custody for at least 30 days. Staff may suspend access to hair care services if an inmate appears

to be a danger to him/herself or others or to the safety and security of the facility.

608.4 SHAVING

Inmates may shave daily. Facial hair shall be clean and well groomed. Long beards may allow

inmates to conceal weapons or contraband. Inmates may be required to trim facial hair if it poses

a security or safety risk. Inmates may be required to submit to new booking photographs if their

appearance is significantly altered due to facial hair. Inmates with facial hair who work around

food shall wear appropriate facial coverings.

An inmate may be denied access to razors if he/she appears to be a danger to him/herself or

others, or if such access may jeopardize the safety and security of the facility.

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Inmates may be restricted from significantly altering their appearance for reasons of identification

in court (15 CCR 1267(b)).

608.5 NAILS

Nail clippers will be kept at the control station and will be issued to inmates upon request. Inmate

workers are required to keep their nails clean and trimmed. Inmates with long nails may be required

to trim their nails if there is a security concern and the inmate is admitted to general population.

608.6 GROOMING EQUIPMENT

Grooming equipment is to be inventoried and inspected by the staff at the beginning of each shift

and prior to being issued to inmates. The staff shall ensure that all equipment is returned by the

end of the shift and is not damaged or missing parts.

Grooming equipment will be disinfected before and after each use by the methods approved by

the State Board of Barbering and Cosmetology to meet the requirements of (16 CCR 979; 16 CCR

980; 15 CCR 1267(c)). Cleaning methods include:

• Removing foreign matter.

• Cleaning tools with soap or detergent and water.

• Immersing non-electrical equipment in disinfectant.

• Spraying electrical equipment with disinfectant.

• Storing cleaned equipment in clear, covered containers that are labeled as such.

Disinfectant solution shall be changed at least once per week or whenever the solution is cloudy

or dirty. Solution will be stored in covered containers with labeled instructions for its use and the

Environmental Protection Agency registration number.

608.7 SHOWERING

Inmates shall be permitted to shower upon assignment to a housing unit, at least every other day

thereafter and more often if practicable (15 CCR 1266).

608.8 PERSONAL CARE ITEMS

Inmates are expected to maintain their hygiene using approved personal care items. Personal

care items, including disposable razors, toothbrushes, combs and soap, are available through the

inmate commissary and will be charged to the inmate’s account.

Indigent inmates shall receive hygiene items necessary to maintain an appropriate level of

personal hygiene.

No inmate will be denied the necessary personal care items. For sanitation and security reasons,

personal care items shall not be shared (15 CCR 1265 et seq.).

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Inmate Nondiscrimination

609.1 PURPOSE AND SCOPE

The constitutional rights of inmates regarding discrimination are protected during incarceration.

These protections extend to administrative decisions, e.g., classification, access to programs and

the availability of services. This policy is intended to guide the staff toward nondiscriminatory

administrative decisions and to detail an inmate complaint and discrimination investigation

process.

609.2 POLICY

All decisions concerning inmates housed at this facility shall be based on reasonable criteria that

support the health, safety, security and good order of the facility.

609.3 INMATES REPORTING DISCRIMINATION

Inmates who wish to report an allegation of discrimination may communicate with facility

management in any way, including:

(a) Confidential correspondence addressed to the Chief Deputy or the Sheriff or other

government official, including the courts or legal representative.

(b) Verbally to any supervisor or other staff member of this facility.

609.3.1 HANDLING COMPLAINTS OF DISCRIMINATION

Staff shall promptly forward all written allegations of discrimination by inmates to the Shift

Commander. If the allegation is presented verbally, the receiving staff member shall prepare an

incident report identifying the circumstances prompting the allegation, the individuals involved,

and any other pertinent information that would be useful to investigating the allegation.

Unless the complaint submitted by the inmate is clearly identified as confidential and addressed

to the Chief Deputy, Sheriff, or other official, the Shift Commander shall review the complaint and

attempt to resolve the issue. In any case, the Shift Commander shall document the circumstances

of the allegation and what actions, if any, were taken to investigate or resolve the complaint. All

reports of alleged discrimination shall be forwarded to the Chief Deputy for review and further

investigation or administrative action as needed.

Administrative evaluations and response to allegations of discrimination shall be based upon

objective criteria:

(a) The inmate’s classification

(b) The inmate’s criminal history

(d) Housing availability

(e) The availability of programs

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(f) The ability to safely provide the requested services

609.4 DISCRIMINATION COMPLAINT AUDITS

The Chief Deputy should perform an annual audit of all inmate discrimination complaints to

evaluate whether any policy or procedure changes or training are indicated. The Chief Deputy

should record these findings in a confidential memorandum to the Sheriff. Specific details of

complaints and identifying information, such as names of the involved persons, dates, or times,

are not part of this process and should not be included in the memorandum. If the audit identifies

any recommended changes or content that may warrant a critical revision to this Custody Manual,

the Chief Deputy should promptly notify the Sheriff.

Any training issues identified as a result of this audit should be forwarded to the Training Sergeant,

who shall be responsible for ensuring all necessary and required training is scheduled and

completed.

609.5 DISCRIMINATION PROHIBITED

Discriminating against an inmate based upon actual or perceived race, ethnicity, national origin,

religion, sex, sexual orientation, gender identity or expression, age, disability, pregnancy, genetic

information, veteran status, marital status, and any other classification or status protected by law

is prohibited.

Reasonable and comparable opportunities for participation in services and programs including

vocational, educational, and religious programs shall be made available to inmates in a

nondiscriminatory manner.

The Chief Deputy should periodically conduct interviews with inmates and staff members to identify

and resolve potential problem areas related to discrimination before they occur.

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Inmate Grievances

610.1 PURPOSE AND SCOPE

The purpose of this policy is to establish a process by which inmates may file grievances and

receive a formal review regarding the conditions of their confinement.

610.2 POLICY

It is the policy of this office that any inmate may file a grievance relating to conditions of

confinement, which includes release date, housing, medical care, food services, hygiene and

sanitation needs, recreation opportunities, classification actions, disciplinary actions, program

participation, telephone and mail use procedures, visiting procedures and allegations of sexual

abuse (15 CCR 1073)

Retaliation for use of the grievance system is prohibited.

610.3 INMATE GRIEVANCE PROCEDURES

Staff shall attempt to informally resolve all grievances at the lowest level. All attempts to resolve a

grievance shall be documented in the inmate’s file. If there is no resolution at this level, the inmate

may request a grievance form.

The inmate should be advised to complete the form and return it to any staff member. A grievance

should be filed by an inmate within 14 days of the complaint or issue.

Inmates cannot file a grievance on behalf of another inmate but an inmate may assist another

inmate in the preparation of a grievance. Custody staff may take reasonable steps to assist the

inmate in the preparation of a grievance if requested.

Upon receiving a completed inmate grievance form, the staff member shall acknowledge receipt of

the grievance by signing the form and giving a copy to the inmate. The staff member receiving the

form shall gather all associated paperwork and reports and immediately forward it to a supervisor.

610.3.1 EXCEPTION TO INITIAL GRIEVANCE FILING

Inmates may request to submit the grievance directly to a supervisor or mail it directly to the Chief

Deputy if they reasonably believe the issues to be grieved are sensitive or that their safety would

be in jeopardy if the contents of the grievance were to become known to other inmates.

Inmates with limited access to mail privileges, who are in segregation units or are indigent may

deposit their grievances in the locked grievance box within their housing unit or place their

grievance in a sealed envelope labeled “Grievance” and deposit it in the regular mail boxes. These

envelopes will be delivered directly to the Chief Deputy and not forwarded to the United States

Postal Service.

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610.3.2 TIMELY RESOLUTION OF GRIEVANCES

Upon receiving a completed inmate grievance form, the supervisor shall ensure that the grievance

is investigated and resolved or denied in a timely manner, as established by the Chief Deputy.

The supervisor shall assign the investigation of the grievance to the manager in charge of the

department the inmate is grieving.

Grievances related to medical care should be investigated by the medical staff or the authorized

designee. The findings of that investigation, along with any recommendations, shall be forwarded

to the shift sergeant. Any appeals of the findings of the medical staff shall be forward to the Chief

Deputy as the final level of appeal.

Grievances about food-related matters should be investigated by the food services manager. The

findings of that investigation, along with any recommendations, shall be forwarded to the shift

sergeant. Any appeals shall be forwarded to the Chief Deputy as the final level of appeal.

Other grievances relating to programs or other services provided by the Office shall be investigated

by the custody staff with the assistance of the supervising employee in charge of those services.

Findings relating to the investigation will be forwarded to the shift sergeant. Any appeals shall be

forwarded to the Chief Deputy as the final level of appeal.

610.3.3 APPEALS TO GRIEVANCE FINDINGS

Inmates may appeal the finding of a grievance to the Chief Deputy or designee as the final

level of appeal within ten days of receiving the findings of the original grievance. The Chief

Deputyor designee will review the grievance and either confirm or deny it. If the Chief Deputyor

designee confirms the grievance, he/she will initiate corrective actions. In either case, the inmate

shall receive a written response to the appeal.

Appeals related to sexual abuse allegations shall be confirmed or denied by the Chief Deputy or

designee within 10 calendar days.

610.3.4 RECORDING GRIEVANCES

This Officeshould maintain a grievance log in a central location accessible to all supervisors. The

supervisor who originally receives a grievance shall record the grievance, along with its finding,

on the grievance log. Periodic reviews of the log should be made by the Chief Deputy or the

authorized designee to ensure that grievances are being handled properly and in a timely manner.

A copy of each grievance should be filed in the inmate's official file and maintained throughout

the inmate's period of incarceration.

The original grievance should be retained in a file maintained by the Chief Deputy or the authorized

designee, and shall be retained in accordance with established records retention schedules.

610.3.5 FRIVOLOUS GRIEVANCES

Inmates shall use the grievance process only for legitimate problems or complaints. If there is

concern that an inmate is abusing the grievance process, he/she shall be informed that continued

behavior may result in disciplinary action.

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610.4 GRIEVANCE AUDITS

The Chief Deputy should perform an annual audit of all inmate grievances and complaints filed

the previous calendar year. The Chief Deputy should forward a memorandum to the Sheriff

detailing the findings, including recommendations regarding any changes to policy or procedures

or any additional training that might be warranted to reduce future complaints. Specific identifying

information regarding dates, times or individuals named in the complaints is not part of this process

and should not be included in the memorandum.

The Sheriff should evaluate the recommendations and ensure appropriate action is taken.

Any training issues identified as a result of this audit should be forwarded to the Training

Sergeant, who will be responsible for ensuring all necessary and required training is scheduled

and completed.

610.5 TRAINING

The Training Sergeant shall ensure that all custody staff receive initial and periodic training

regarding all aspects of this policy. All training delivered should include testing to document that

the employee understands the subject matter.

610.6 ADDITIONAL PROVISIONS FOR GRIEVANCES RELATED TO SEXUAL ABUSE

The following apply to grievances that relate to sexual abuse allegations (28 CFR 115.52; 15 CCR

1029):

(a) Inmates may submit a grievance regarding an allegation of sexual abuse at any time.

(b) Third parties, including fellow inmates, staff members, family members, attorneys, and

outside advocates, are permitted to assist inmates in filing such grievances and to

file such grievances on behalf of inmates if the inmate agrees to have the grievance

filed on his/her behalf. Staff members who receive a grievance filed by a third party

on behalf of an inmate shall inquire whether the inmate wishes to have the grievance

processed and shall document the inmate’s decision.

member who is the subject of the complaint

(d) Staff receiving a grievance shall forward the grievance to a supervisor. Grievances

shall not be forwarded to any supervisor who is the subject of the complaint. The

supervisor receiving the grievance shall refer the grievance to the Shift Commander for

investigation. Inmates and staff are not required to attempt to informally resolve

grievances related to sexual abuse.

(e) The Shift Commander shall ensure that grievances related to sexual abuse are

investigated and resolved within 90 days of the initial filing. The Shift Commander may

grant an extension of up to 70 days if reasonable to make an appropriate decision.

If an extension is granted, the inmate shall be notified and provided a date by which

a decision will be made.

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(f) At any level of the process, including the appeal, if the inmate does not receive a

response within the allotted time, including any properly noticed extension, the inmate

may consider the absence of a response to be a denial at that level.

(g) Inmates may be disciplined for filing a false grievance related to alleged sexual abuse

only when it is determined that the inmate filed the grievance in bad faith.

610.6.1 EMERGENCY GRIEVANCES RELATED TO SEXUAL ABUSE

Any inmate who believes he/she or any other inmate is in substantial risk of imminent sexual

abuse may file an emergency grievance with any supervisor. The supervisor shall determine

whether immediate action is reasonably necessary to protect the inmate and shall provide an initial

response within 48 hours.

The supervisor shall refer the grievance to the Jail Operations Commander who will investigate

and issue a final decision within ten calendar days.

The initial response and final decision shall be documented and shall include a determination

whether the inmate is in substantial risk of imminent sexual abuse and identify actions taken in

response to the emergency grievance (28 CFR 115.52).

610.7 ACCESS TO THE GRIEVANCE SYSTEM

All inmates shall be provided with a grievance process for resolving complaints arising from facility

matters with at least one level of appeal.

Inmates will receive information concerning the grievance procedure during the orientation

process. Information will also be contained in the inmate handbook. Information regarding the

grievance process will be provided to inmates in the language they understand.

The information will include (15 CCR 1073(a) and (b)):

(a) A grievance form or instructions for registering a grievance.

(b) Instructions for the resolution of the grievance at the lowest appropriate staff level.

(d) Written reasons for denial of a grievance at each level of review.

(e) A provision of required timeframes for responses.

(f) A provision for resolving questions of jurisdiction within the facility.

(g) Consequences for abusing the grievance system.

Policy

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Inmate Voting

611.1 PURPOSE AND SCOPE

This policy establishes the requirement for providing eligible inmates the opportunity to vote during

elections, pursuant to election statutes.

611.2 POLICY

Inmates who have not been convicted of a felony and are in custody during trial continue to have

the right to vote. Except for individual inmates who have lost the right to vote, sentenced inmates

also maintain this right. Because inmates are unable to access public voting polls, the Chief Deputy

or the authorized designee shall develop written procedures whereby the county registrar of voters

allows qualified inmates to vote in local, state and federal elections, pursuant to election codes

(15 CCR 1071).

Inmates should be advised of voting methods during the inmate orientation.

611.3 VOTING REQUIREMENTS

Inmates maintain their right to vote while incarcerated if they are:

(a) A citizen of the United States.

(b) A resident of the county.

(d) Not been declared mentally incompetent by a court.

(e) Awaiting or on trial for a criminal offense.

(f) Serving time for a traffic or misdemeanor offense or as a condition of probation.

(g) Not convicted of a felony offense and sentenced to serve time in a state prison.

(h) Not on parole as a result of a felony conviction.

611.4 PROCEDURES

Prior to each election, the Chief Deputy will designate a deputy to be a liaison between the Office

and the local Registrar of Voters. The designated deputy will be responsible for assisting inmates

who have requested to vote.

611.4.1 REGISTERING TO VOTE

An inmate who is eligible to vote and requests to register should complete a voter application.

The application should be submitted to the liaison deputy, who will forward the application to the

local election official.

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611.4.2 REQUESTING AN ABSENTEE BALLOT

An inmate who will be in custody during an election and requests to vote by absentee ballot should

complete an application. The completed application should be submitted to the liaison deputy,

who will forward the application to the local election official.

611.4.3 VOTING

All ballots received shall be delivered to inmates in a timely manner to ensure compliance with the

inmate’s right to vote. Once the ballot has been delivered to the inmate, it shall be the responsibility

of the inmate to mail his/her ballot in accordance with the state’s voting requirements. If the inmate

is indigent, the jail will mail the ballot; if not, the inmate is responsible for the postage.

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Chapter 7 - Medical-Mental Health

Policy

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Health Care Administrative Meetings and

Reports

700.1 PURPOSE AND SCOPE

The Office recognizes that the delivery of effective health care requires open and frequent

communication between the Responsible Physician and the Chief Deputy. This policy provides

guidelines for the continuous monitoring, planning and problem resolution in providing health care

that addresses the medical needs of the inmate population and prevents potential outbreaks of

communicable and contagious illness.

700.1.1 DEFINITIONS

Definitions related to this entire chapter include:

Access to care - An inmate should be seen in a timely manner by a qualified health care

professional. The inmate should be given a professional clinical diagnosis and receive treatment

that is ordered.

Clinical practice guidelines - A systematically developed science-based statement designed to

assist practitioners and inmates with decisions about appropriate health care for specific clinical

circumstances. Clinical practice guidelines are used to assist clinical decision-making, assess

and assure the quality of care, educate individuals and groups about clinical disease, guide the

allocation of health care resources and reduce the risk of legal liability for negligent care.

Clinical setting - An examination or treatment room, either on- or off-site, which is appropriately

supplied and equipped to address a patient's health care needs.

Daily - Seven days a week, including holidays.

Direct order - A written order issued by a qualified health care professional specifically for the

treatment of an inmate's particular condition.

Health appraisal - A comprehensive health evaluation completed within 14 days of an inmate's

arrival at the facility.

Health authority - The Responsible Physician, health services administrator or health agency

responsible for providing all health care services or coordinating the delivery of all health care

services.

Health care - The sum of all actions, preventive and therapeutic, taken for the physical and

mental well-being of the inmate population. The term health care includes medical, both physical

and psychological, dental, nutrition and other ancillary services, as well as maintaining safe and

sanitary environmental conditions.

Health-trained custody staff - A deputy or other facility employee who has received training from

the Responsible Physician or the authorized licensed designee in limited aspects of health care

coordination.

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HIPAA - Health Insurance Portability and Accountability Act

Mental health staff - Qualified health care professionals who have received instruction and

supervision in identifying and interacting with individuals in need of mental health services.

Physical examination - An objective, hands-on evaluation of an individual. It involves the

inspection, palpation, auscultation and percussion of a body to determine the presence or absence

of physical signs of disease.

Qualified health care professional - Physicians, physician's assistants, nurses, nurse

practitioners, dentists, mental health professionals or other persons who, by virtue of their

education, credentials and experience are permitted by law to evaluate and care for patients within

the parameters of his/her license or certification.

Responsible Physician - An individual licensed to practice medicine and provide health services

to the inmate population of the facility, or the physician at an institution with final responsibility for

decisions related to medical judgment.

Sick call - The evaluation and treatment of an ambulatory patient, either on- or off-site, by a

qualified health care professional.

Special needs - Health conditions that require regular care.

Standing order - Written orders issued by a physician that specify the same course of treatment

for each patient suspected of having a given condition and the specific use and amount of

prescription drugs (e.g., immunizations, insulin, seizure medications).

Suicidal ideation - Having thoughts of suicide or of taking action to end one's own life. Suicidal

ideation includes all thoughts of suicide when the thoughts include a plan to commit suicide and

when they do not.

Treatment plan - A series of written statements specifying a patient's particular course of therapy

and the roles of qualified health care professionals in delivering the care.

Triage - The sorting and classifying of health care requests to determine priority of need and the

proper place for health care to be rendered.

700.2 POLICY

The Sheriff shall select the Responsible Physician in accordance with the Health Authority Policy.

It is the policy of this facility that the Responsible Physician should meet with the Chief Deputy

at least quarterly. The Responsible Physician should be required to submit a report addressing

the effectiveness of the health care system, a description of any environmental or access issues

that require improvement, and detail any progress that has been made in previously reported

areas. The quarterly meeting should be documented through formal minutes, which should include

the names of attendees and a list of the topics discussed. The minutes should be retained in

accordance with established records retention schedules.

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The data for the quarterly report should be gathered by the Responsible Physician via monthly

meetings with all facility Shift Commanders and qualified health care professionals. The monthly

meetings should cover the following topics:

• Health care services

• Quality improvement findings

• Infection control efforts

• Inmate grievances

• Environmental inspections report

700.2.1 STATISTICAL REPORTS

In addition to the quarterly report described above, a statistical report will be provided annually to

the Chief Deputy. The statistical report will be prepared by the Responsible Physician and shall

include, but not be limited to, the following (15 CCR 1202):

(a) The number of inmates receiving health services by category of care

(b) The number of referrals to specialists

(d) Laboratory and X-ray tests completed

(e) Infirmary admissions, if applicable

(f) On-site and off-site hospital admissions

(g) Serious injuries or illnesses

(h) Deaths

(i) Off-site transports

(j) Infectious disease monitoring

(k) Emergency services provided to inmates

(l) Dental visits provided

(m) Number of health care grievances by category (e.g., medication error, missed

appointment, health staff complaint) and whether the grievance was founded or

unfounded

It is the responsibility of the Chief Deputy to ensure that copies of the statistical reports and

documentation of any remedies implemented are retained in accordance with established records

retention schedules.

Policy

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Access to Health Care

701.1 PURPOSE AND SCOPE

The provision of adequate health services in a custody setting is a constitutional right afforded to

all inmates. The purpose of this policy is to provide custody personnel and qualified health care

professionals with a process to inform newly booked inmates of the procedure to access health

care services and how to use the grievance system, if necessary.

701.2 POLICY

It is the policy of this office that all inmates, regardless of custody status or housing location, will

have timely access to a qualified health care professional and receive a timely professional clinical

judgment and appropriate treatment.

The Monterey County Sheriff's Office facility will provide medical, dental and mental health

services as necessary to maintain the health and well-being of inmates to a reasonable and

socially acceptable standard (15 CCR 1200 et seq.; 15 CCR 1208).

701.3 ACCESS TO CARE

Inmate medical requests will be evaluated by qualified health care professionals or health-trained

custody staff. Health care services will be made available to inmates from the time of admission

until they are released. Information regarding how to contact the medical staff will be posted in all

inmate housing areas (15 CCR 1200 et seq.; 15 CCR 1208). Medications and community health

resources and referrals may be provided upon request when the inmate is released.

Unreasonable barriers shall not be placed on an inmate’s ability to access health services.

Health care that is necessary during the period of confinement shall be provided regardless of an

inmate’s ability to pay, the size of the facility, or the duration of the inmate’s incarceration. Such

unreasonable barriers include:

•

Punishing inmates for seeking care for their health needs.

•

Deterring inmates from seeking care for their health needs by scheduling sick call at

unreasonable times.

All routine requests for medical attention shall be promptly routed to a qualified health care

professional.

Any incident of an inmate refusing medical treatment or causing a disruption in the delivery of

health care services shall be documented in an incident report. The original incident report shall

be forwarded to the Responsible Physician and a copy sent to the Chief Deputy.

701.4 HEALTH CARE GRIEVANCES

Custody personnel should authorize and encourage resolution of inmate complaints and requests

on an informal basis whenever possible. To the extent practicable, custody personnel should

provide inmates with opportunities to make suggestions to improve programs and conditions.

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Inmates will be informed of the grievance process during inmate orientation. The grievance

process is also explained in the inmate handbook, which all inmates receive and which they should

have additional access to in their housing units. Grievances will be handled in accordance with

the Inmate Grievances Policy (15 CCR 1073(a)).

Custody personnel should minimize technical requirements for grievances and allow inmates to

initiate the grievance process by briefly describing the nature of the complaint and the remedy

sought. For simple questions and answers regarding clinical issues, inmates may meet with a

qualified health care professional or may submit a written correspondence.

Inmate grievances regarding health care issues will be investigated by an uninvolved member

of the medical staff. If no such person is available or does not exist, an outside peer should be

sought to investigate the grievance. The inmate should be provided with a written response in

accordance with the schedule set forth in the Inmate Grievances Policy. Responses to inmate

grievances should be based on the community standard of health care.

Copies of grievances and the facility’s response shall be sent to the Chief Deputy, who, in

consultation with the Responsible Physician, shall serve as the final authority in response to all

inmate grievances.

If an inmate is not satisfied with the response, the inmate may appeal the grievance as outlined

in the Inmate Grievances Policy.

Policy

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Non-Emergency Health Care Requests and

Services

702.1 PURPOSE AND SCOPE

The purpose of this policy is to establish a daily triage system of inmate requests for health care

services. This is to ensure that the health needs of the population are addressed properly and

in a timely manner.

702.1.1 DEFINITIONS

Access to care - Means that, in a timely manner, an inmate may be seen by a clinician, be given

a professional clinical diagnosis and receive treatment that is ordered (National Commission on

Correctional Health Care (NCCHC) Standards for Health Services in Jails, J-A-01).

Daily - Seven days a week, including holidays (NCCHC Standards for Health Services in Jails,

J-E-07).

Sick call - The evaluation and treatment of an ambulatory patient in a clinical setting, either on- or

off-site, with a qualified health care professional (NCCHC Standards for Health Services in Jails,

J-E-07).

Clinical setting - An examination or treatment room appropriately supplied and equipped to

address a patient's health care needs (NCCHC Standards for Health Services in Jails, J-D-03).

Triage - The sorting and classifying of health care requests to determine priority of need and the

proper place for health care to be rendered (NCCHC Standards for Health Services in Jails, J-

E-07).

702.2 POLICY

It is the policy of this office to provide daily access to qualified health care professionals or health-

trained custody staff in order for inmates to request medical services (15 CCR 1200). All health

care requests will be documented, triaged and referred appropriately by medical staff. Qualified

health care professionals will conduct sick call and clinics for health care services on a scheduled

basis to ensure a timely response to requests for medical services (15 CCR 1211).

The Responsible Physician, in coordination with the Chief Deputy or the authorized designee, is

responsible for developing a process that includes:

(a) A process for inmates to request health services on a daily basis.

(b) A priority system for health care services to acquire and address requests for routine

health care, and for urgent or emergent injuries, illnesses and conditions.

upon request.

(d) A system in which health care requests are documented, triaged and referred

appropriately.

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(e) Restrictions that prohibit non-health services personnel from diagnosing or treating

an illness.

702.3 HEALTH CARE REQUESTS

During the collection of health care requests from inmates, care should be taken to protect the

confidentiality of the inmate and the nature of the health issue. The collector shall date and initial

the request when the collection takes place. The requests shall be triaged to determine the priority

of need and the proper place for health care to be delivered.

Inmates will be instructed on how to obtain medical services during the inmate orientation process

and in the inmate handbook. Inmates shall submit a medical request form to the housing unit

deputy or the health-trained staff delivering medications, or a nurse, if appropriate.

Medical request forms should be available in languages representative of the population. Inmates

who communicate in a language not available in printed form shall have access to interpreter

services.

Inmates with disabilities should be provided with appropriate assistance or accommodation to

ensure they are able to request health care services.

The housing unit deputy shall ensure the reason for seeking medical attention is on the medical

request form. If no reason is given, the deputy shall encourage the inmate to indicate whether the

matter is urgent or confidential. The deputy shall forward all requests to the jail nurse.

702.4 TRIAGE OF HEALTH CARE REQUESTS

Qualified health care professionals shall perform a daily triage. Sick call shall be available to

inmates at least five days a week and shall be performed by a qualified health care professional.

Other qualified health care professionals should schedule inmates in need of specialized treatment

for the next available providers' clinic. The wait for the next available providers' clinic should

not exceed two days. The qualified health care professional shall document the referral in the

providers' scheduling book and on the inmate's medical record.

The frequency and duration of sick call should be sufficient to meet the needs of the inmate

population but should be conducted at least weekly by a qualified health care professional. If an

inmate's custody status precludes attendance at sick call, arrangements shall be made to provide

sick call services in the place of the inmate's detention (15 CCR 1211).

702.5 GUIDELINES FOR ELECTIVE PROCEDURES OR SURGERY

The Responsible Physician and the Chief Deputy shall work cooperatively to develop guidelines

that govern elective procedures or surgery for inmates. The guidelines must include decision-

making processes for elective procedures or surgery that is needed to correct a substantial

functional deficit or an existing pathological process that threatens the well-being of the inmate

over a period of time. Any discussion of this nature with the inmate should be conducted in a

language easily understood by the inmate and should be carefully documented in the inmate's

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medical record. This record should be maintained in accordance with established records retention

schedules.

702.6 REQUESTS FOR OUTSIDE MEDICAL CARE

Inmates who request access to health care services outside the facility may do so with advance

authorization from the Chief Deputy or the authorized designee. The inmate shall be required to

provide proof of sufficient private funds available to pay for all costs associated with transportation

to the off-site facility and all costs associated with the medical services, diagnostics, treatment

plans, medications or any other costs associated with off-site medical care.

Policy

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Referrals and Transportation to Specialty Care

703.1 PURPOSE AND SCOPE

The purpose of this policy is to establish a process for referring inmates who need health care or

specialty care that is beyond the resources available in the facility. The policy includes guidelines

regarding transportation under appropriate security provisions and the formulation of advance

written agreements for around the clock or on-call availability of alternate services. Specialty

care includes specialist-provided health care, such as nephrology, surgery, dermatology and

orthopedics.

703.2 POLICY

It is the policy of this office that inmates have access to necessary hospitalization and specialty

services for serious medical needs. This facility will provide, either directly or through contracted

sources, specialty care and emergency medical services to inmates when the need is determined

by the Responsible Physician (15 CCR 1206(b); 15 CCR 1206(c)).

703.3 CHIEF DEPUTY RESPONSIBILITY

The Chief Deputy or the authorized designee, in coordination with the Responsible Physician,

is responsible for establishing written agreements with outside specialty health care services for

emergency and urgent care that is not available within the facility. In addition, a plan shall be

developed for the secure transportation of inmates to a facility where such care is available.

703.4 REFERRAL TO OFF-SITE MEDICAL CARE

A qualified health care professional shall evaluate the inmate, and if indicated, shall recommend

specialty appointments in writing on the order sheet in the inmate’s medical record. A referral form

should be completed and any supporting documentation attached. The written referral shall be

reviewed and authorized, if appropriate, by the Responsible Physician.

A court order is generally required when an inmate requires medical or surgical treatment

necessitating hospitalization. A court order is not required for an inmate in need of immediate

medical or hospital care, but an application for a court order should be made as soon as practicable

when the inmate’s condition requires him/her to be gone from the facility more than 48 hours

(Penal Code § 4011.5).

703.5 OFF-SITE COORDINATION

The qualified health care professional is responsible for recommending off-site medical and

psychiatric care for inmates, coordinating outside appointments and notifying supervisory custody

staff of off-site transportation needs. The Chief Deputy should establish a written transportation

procedure that ensures inmates are transported securely and in a timely manner for medical,

mental health, dental clinic or other specialty appointments. The procedure shall include the secure

transfer of medical information to the receiving health care service.

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Any conflicts that arise regarding off-site consultation trips will be communicated by the deputy

responsible for transportation to the Responsible Physician and the Chief Deputy or the authorized

designee so that modifications may be made.

The jail supervisor shall keep a log of missed appointments to determine if transportation issues

are impeding the ability of inmates to access appropriate medical care. Any issues identified shall

be discussed and resolved between the Responsible Physician and the Chief Deputy (15 CCR

1206(c); 15 CCR 1206(n)).

Policy

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Emergency Health Care Services

704.1 PURPOSE AND SCOPE

The purpose of this policy is to establish plans and procedures for responding to medical

emergencies in the facility when the level of medical or mental health services exceeds the

licensure or certification of staff who are on-duty, and to define staff training requirements.

704.2 POLICY

It is the policy of this office that emergency medical, mental health and dental services are available

24 hours a day. These services may include off-site health care services.

704.3 PROCEDURES

The Chief Deputy or the authorized designee shall work cooperatively with the Responsible

Physician to develop plans and procedures for responding to emergency medical incidents that

occur when the level of medical or mental health services needed exceeds the licensure or

certification of staff who are on-duty. The plans should include: on-site emergency first aid, basic

life support and crisis intervention; emergency evacuation of an inmate from the facility, including

security procedures to ensure an immediate transfer when appropriate; on-call physicians,

dentists and mental health professionals; predetermined back-up health care services when the

emergency health facility is not located in a nearby community; and the identification of primary,

secondary and tertiary acute care facilities.

The plan may additionally include, but is not limited to, these components:

(a)

Health-trained staff shall respond to all emergencies immediately upon notification.

(b)

Contact information for emergency on-call health care services, both on- and off-site,

is available and accessible for facility supervisors.

(c)

Qualified health care professionals shall respond by reporting to the area of the

emergency with the necessary emergency equipment and supplies.

(d)

Emergency equipment and supplies are regularly maintained and accessible to the

qualified health care professionals and health-trained custody staff.

(e)

Most inmates will be stabilized on-site and then transferred to an appropriate health

care unit, if necessary.

(f)

Notification of on-call physicians and mental health staff will be done as soon as the

situation reasonably allows.

(g)

The qualified health care professionals will determine if the inmate needs to be

transported to a local emergency room for treatment.

(h)

When necessary, facility staff shall activate 9-1-1 and notify a supervisor as soon as

reasonably practicable.

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(i)

The Chief Deputy and the Responsible Physician will coordinate on the notification of

the inmate’s next of kin in cases of serious illness and injury. Death notifications will

be made in accordance with the Inmate Death - Clinical Care Review Policy.

(j) Procedures to implement a program wherein staff may possess and administer

epinephrine medication according to Health and Safety Code § 1797.197a and 22

CCR 100019, including the retention of related records pursuant to Business and

Professions Code § 4119.4.

(k) Identifying when court orders to transport prisoners outside the facility for

hospitalization may be required and the processes for obtaining those court orders

(Penal Code § 4011.5).

(l) Identifying who is responsible to seek a court order when an inmate is expected

to be gone from the facility more than 48 hours for medical or surgical treatment

necessitating hospitalization (Penal Code § 4011.5).

The goal of any emergency medical response plan is to provide emergency medical care to those

in need as expeditiously as possible. While facility size and patient proximity to the health care

service will vary, staff training will emphasize responding to medical emergencies as soon as

reasonably possible.

704.4 EMERGENCY PROCEDURES

The health services administrator or the authorized designee is responsible for ensuring the

following information, equipment and personnel are available in the event an inmate requires

emergency treatment (15 CCR 1206(c)):

(a) A current list of names, addresses and telephone numbers of all persons and agencies

to be notified in an emergency. The list should be available to all health care and

custody staff at all times, and should be updated quarterly.

(b) Emergency drugs, equipment and supplies should be readily available at all times and

replenished after each use. An inventory control system should be in use to ensure

the necessary supplies are present when needed and have not expired.

hours a day, seven days a week (this can include off-site health care services) and

there should be a back-up health care services plan.

(d) Ambulances should be accessed through the facility staff or by calling the appropriate

emergency number. There should be a clear security plan in place for the

transportation of inmates.

(e) The Shift Commander will be contacted and informed of any emergency as soon as

practicable.

(f) All decisions regarding medical treatment and the need for emergency transportation

are to be made by the qualified health care professionals or health-trained custody

staff.

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(g) Whenever reasonably possible, the on-call health care service should be notified prior

to transporting the inmate to the hospital or other emergency care. However, in the

event of a life- or limb-threatening emergency, the inmate shall be sent to the hospital

in the most expedient way possible, which may require notifying the specific health

care service after the inmate has been transported.

704.5 FIRST-AID KITS

The Responsible Physician or the authorized designee is responsible for determining the contents,

number, location and procedures for monthly inspections of all first-aid kits in the facility. The

Responsible Physician shall also ensure that (15 CCR 1220):

(a) The contents of each first-aid kit are:

1. Approved by the Responsible Physician.

2. Appropriate for its location.

3. Arranged for quick use.

4. Documented on the outside cover.

5. Inventoried every month.

6. Secured with a plastic tamper-proof seal.

(a) Once the seal has been broken, the kit should be taken to the medical unit

so the contents can be inventoried and restocked.

(b) Written protocols and training materials are developed for the use of medical supplies

and equipment by health-trained custody staff.

in accordance with established records retention schedules.

704.6 TRAINING

The Chief Deputy shall ensure that all qualified health care professionals are trained in the delivery

of emergency medical services in the custody environment during new employee orientation.

The Chief Deputy or the authorized designee shall ensure that all facility staff members who

have contact with inmates receive first-aid and basic life support training during new employee

orientation, and that annual refresher training is conducted for the facility and qualified health care

professionals. Training should include, but not be limited to:

(a) The location of all emergency medical equipment and medications and the proper use

of the equipment, such as AEDs.

(b) How to properly summon internal and external emergency services.

emergency situations.

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(d) Administration of basic first aid.

(e) Certification in CPR in accordance with the recommendations of the certifying health

organization.

(f) Recognition of the signs and symptoms of mental illness, violent behavior and acute

chemical intoxication and withdrawal.

(g) Procedures for inmate transfers to appropriate medical facilities or health care service.

(h) Suicide recognition, prevention and intervention techniques.

All records of the training provided, testing procedures and the results, and certificates achieved

shall be maintained in each qualified health care professional’s training file in accordance with

established records retention schedules. The Responsible Physician should be bound by similar

requirements in the contractual language between the Office and the vendor.

704.7 AUTOMATED EXTERNAL DEFIBRILLATORS (AED)

The Responsible Physician or the authorized designee is responsible for ensuring that an

Automated External Defibrillator (AED) is available in the facility and that all staff members are

trained in its use. The AEDs shall be inspected and tested at a frequency consistent with the

manufacturer’s recommendations to ensure functionality.

Policy

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Health Care for Pregnant Incarcerated Persons

705.1 PURPOSE AND SCOPE

The purpose of this policy is to establish prenatal and postpartum health care services for

incarcerated persons who are pregnant. Services may include assistance recovering from the

effects of potentially unhealthy lifestyles, which could include tobacco use, alcohol and drug abuse

or addiction, and a lack of previous adequate medical care. Because of unhealthy lifestyle choices

prior to incarceration, many incarcerated person pregnancies are classified as high-risk. This

policy is intended to protect the health of the pregnant person and the fetus._

705.2 POLICY

It is the policy of this office that a qualified health care professional should provide comprehensive

prenatal and postpartum care for all pregnant persons during their incarceration.

All pregnant and postpartum incarcerated persons shall receive appropriate timely, culturally

responsive, and medically accurate and comprehensive care, evaluation, and treatment of existing

or newly diagnosed chronic conditions, including mental health disorders and infectious diseases

(Penal Code § 4023.8).

705.3 BOOKING - PREGNANCY SCREENING

When booking an incarcerated person who is identified as possibly pregnant or capable of

becoming pregnant, the following steps shall be taken:

(a) All incarcerated persons shall be asked if they are pregnant. They shall be offered a

voluntary pregnancy test upon intake or by request, within 72 hours of arrival at the

jail and administered by medical or nursing personnel (Penal Code § 4023.8(a)).

1. If a test is declined, the incarcerated person shall be asked to sign an Informed

Refusal of Pregnancy Test form, and the form shall be filed in the incarcerated

person's medical file.

(b) Incarcerated persons confirmed to be pregnant shall, within seven days of arriving at

the jail, be scheduled for a pregnancy examination with a physician, nurse practitioner,

certified nurse midwife, or physician assistant and examined as provided by Penal

Code § 4023.8(d).

from alcohol or other substances shall be referred to a qualified health care

professional.

(d) The Responsible Physician, in collaboration with facility staff, shall ensure the proper

clinic visits are scheduled in accordance with appropriate medical standards as

provided in Penal Code § 4023.8(e).

(e) A medical record should be opened with a notation indicating pregnancy.

(f) The incarcerated person should be interviewed by a qualified health care professional

for the following information, which should be written in the medical record:

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1. Last menstrual period (LMP)

2. Estimated date of conception (EDC)

3. Estimated due date (40 weeks from EDC)

4. Number of pregnancies (gravidity)

5. Number of live births (parity)

6. Therapeutic abortions (TAB)

7. Spontaneous abortions (SAB), aka miscarriages

8. Prenatal care history

9. Current medications

10. Any current adverse symptoms: vaginal bleeding or discharge, abdominal

cramping or pain (if yes, notify on-site or on-call physician)

11. High-risk factors, if known: drug or alcohol use/abuse, smoking, previous

pregnancy problems, other medical problems (cardiac issues, seizures,

diabetes/DM, hypertension/HTN)

12. If use of an opioid or methadone is identified, notify the on-site or on-call

physician for orders. The incarcerated person shall be offered medication-

assisted treatment and shall be provided information on the risks of withdrawal

(Penal Code § 4023.8(i)).

(g) Each pregnant incarcerated person should have:

1. A completed special diet form ordering a pregnant diet.

2. An appointment at the next available obstetric clinic if the person is 10 or more

weeks gestation.

(h) Each pregnant incarcerated person shall (Penal Code § 4023.8):

1. Have access to daily prenatal vitamins in accordance with medical standards

of care.

2. Be assigned to the lower bunk and lower-tier housing for those housed in a

multitier housing unit.

705.4 HOUSING EXCEPTIONS

Incarcerated persons who are known to be pregnant may be housed in any unit appropriate for

their classification, with the following exceptions:

(a) All pregnant incarcerated persons identified at intake or the obstetric clinic to be high-

risk or who are in their last trimester of pregnancy shall be housed in the medical unit.

(b) Housing in the medical unit shall be by order of the obstetric specialist or the

Responsible Physician.

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705.5 COUNSELING AND TREATMENT REGARDING PROPER CARE

The Office will provide all necessary counseling and treatment to pregnant incarcerated persons

to ensure they are receiving the proper care. To accomplish this, the following shall occur:

(a) The directions of the obstetric specialist shall be followed throughout the pregnancy

and postnatal period. No non-medical staff has the unilateral authority to change or

overrule an order or care recommendation made by the Responsible Physician. The

Chief Deputy and Responsible Physician shall develop a process by which perceived

conflicts between medical orders/recommendations and safety and security interests

of the jail can be discussed and resolved. Ultimately, the jail must provide adequate

treatment for an incarcerated person's medical needs.

(b) The Responsible Physician shall be consulted immediately if a patient is under 10

weeks gestation and has medical concerns.

scheduled obstetric appointments shall be seen by a qualified health care professional.

If the qualified health care professional assesses the problem as urgent and a

physician is not available on-site, the person shall be sent to the hospital for evaluation.

(d) The incarcerated person shall be advised to notify health-trained custody staff

immediately of the following:

1. Vaginal bleeding

2. Acute, persistent abdominal or pelvic pain and/or severe cramping

3. Leaking fluid

4. Decreased or no fetal movement

5. Headache or blurred vision

6. Rapid weight gain with swelling (edema)

7. Abnormal vaginal discharge

8. Symptoms of a urinary tract infection (UTI)

9. Fever

(e) Postpartum examinations and additional appointments shall be scheduled by the

obstetric clinic as needed.

(f) An incarcerated person shall have the right to summon and receive the services of

any physician, nurse practitioner, certified nurse midwife, or physician assistant of

the person's choice in order to determine pregnancy. The Chief Deputy may develop

reasonable rules and regulations governing the conduct of such examinations. If found

to be pregnant, the incarcerated person is entitled to a determination of the extent of

medical and surgical services needed from the medical professional of the person's

choice. Expenses incurred by the services not provided by the Jail shall be borne by

the incarcerated person (Penal Code § 4023.6).

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705.6 RESTRAINTS

Incarcerated persons who are known to be pregnant or who are in labor shall not be placed in

restraints except as provided in the Use of Restraints Policy and other policies related to medical

treatment and transportation outside the secure facility.

705.6.1 REQUIRED PROCEDURES

The health authority shall, in cooperation with the Chief Deputy, develop procedures in

conformance with Penal Code § 3407 for the application and removal of restraints on pregnant

incarcerated persons. The procedures shall be reviewed and updated at least every two years

(15 CCR 1206).

705.7 ABORTIONS

An incarcerated person who chooses to have an abortion shall be given access to abortion

services and be requested to sign a statement acknowledging that the person has been provided

the opportunity for related counseling and chooses to have an abortion. Any financial obligations

for elective abortions will be handled consistent with state law as provided in Penal Code §

4011.1 and 15 CCR 1200. The jail shall provide necessary transportation and supervision for

such services. Staff members who object to facilitating an incarcerated person's elective abortion

(including arrangements, transportation, and security) should not be required to perform such

duties.

705.7.1 STATE REQUIREMENTS FOR ABORTION

The Jail shall not confer authority or discretion to nonmedical staff to decide if a pregnant

incarcerated person is eligible for an abortion. Conditions or restrictions on abortion access shall

not be imposed. Impermissible restrictions include but are not limited to imposing gestational limits

inconsistent with state law, unreasonably delaying access to the procedure, or requiring court-

ordered transportation (Penal Code § 4028(a)).

If the pregnant incarcerated person decides to have an abortion, the person shall be offered,

but not forced to accept, all due medical care and accommodations until no longer pregnant. A

pregnant incarcerated person who decides to have an abortion shall be referred to a licensed

professional as specified in Business and Professions Code § 2253(b) (Penal Code § 4023.8(c)).

705.7.2 REQUIRED POSTED NOTICE

The rights provided for pregnant incarcerated persons by Penal Code § 4023.6, Penal Code

§ 4023.8, and Penal Code § 4028 shall be posted in at least one conspicuous place that all

incarcerated persons can access.

705.8 ADVISEMENT AND COUNSELING

Incarcerated persons who are pregnant shall be advised of the provisions of this policy manual,

the Penal Code, and the standards established by the Board of State and Community Corrections

related to pregnant incarcerated persons (Penal Code § 3407(e); 15 CCR 1058.5).

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A qualified health care professional or counselor shall provide comprehensive and unbiased

counseling and information to pregnant incarcerated persons regarding their options, including but

not limited to prenatal health care, adoption, and abortion. Staff shall not urge, force, or otherwise

influence a pregnant incarcerated person's decision (15 CCR 1206(f); Penal Code § 4023.5; Penal

Code § 4023.8(b)).

Pregnant incarcerated persons shall also be referred to a social worker regarding options for

feeding, placement, and care of the child after birth, including the benefits of lactation (Penal Code

§ 4023.8(k)).

705.9 INCARCERATED PERSONS IN LABOR AND POSTPARTUM CARE

Pregnant incarcerated persons who are in labor or are presumed to be in labor shall be treated as

an emergency and shall be transported in the least restrictive way possible to a hospital outside

the jail (Penal Code § 4023.8(l)).

Pregnant incarcerated persons may have an approved support person present during labor,

childbirth, and postpartum recovery while hospitalized (Penal Code § 4023.8(m)).

Incarcerated persons shall be given the maximum level of privacy possible during the labor and

delivery process as provided in Penal Code § 4023.8(o).

Upon an incarcerated person's return to the jail, a physician, nurse practitioner, certified nurse

midwife, or physician assistant shall provide a postpartum examination within one week from

childbirth and as needed for up to 12 weeks postpartum, and shall determine whether the

incarcerated person may be cleared for full duty or if medical restrictions are warranted.

Postpartum incarcerated persons shall be given at least 12 weeks of recovery after childbirth

before they are required to resume normal activity (Penal Code § 4023.8).

705.9.1 INCARCERATED PERSON ACCESS TO NEWBORN CARE

The Responsible Physician should ensure than an incarcerated person is provided access to

newborn care that includes access to appropriate assessment, diagnosis, care, and treatment

for infectious diseases that may be transmitted from the incarcerated person to the infant (Penal

Code § 4023.8(f)).

705.9.2 NOTICE OF SERVICES AFTER INCARCERATION

The Responsible Physician should ensure that eligible incarcerated persons who give birth after

incarceration are provided notice of, access to, and written application for community-based

programs serving pregnant, birthing, or lactating incarcerated persons (Penal Code § 4023.8(j)).

Policy

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Health Authority

707.1 PURPOSE AND SCOPE

The purpose of this policy is to establish the responsibility of the health authority as arranging

for all levels of health services, assuring the quality of all health services, identifying lines of

medical authority for the inmate health program, and assuring that inmates have access to all

health services.

The policy also establishes properly monitored processes, policies, procedures, and mechanisms

to ensure that the contracted scope of services is adequately and efficiently delivered.

The health authority is defined as the Responsible Physician, health services administrator, or

health agency responsible for providing all health care services or coordinating the delivery of all

health care services (see the Health Care Administrative Meetings and Reports Policy).

707.1.1 DEFINITIONS

Health authority - The physician, health services administrator or health agency responsible for

providing all health services or coordinating the delivery of services from multiple providers.

Health care - Means the sum of all actions, preventive and therapeutic, taken for the physical and

mental well-being of the inmate population. The term health care includes medical, both physical

and psychological, dental, nutrition and other ancillary services, as well as maintaining safe and

sanitary environmental conditions.

HIPAA - Health Insurance Portability and Accountability Act

707.2 POLICY

The health authority is responsible and accountable for all levels of health care and has the

final authority regarding clinical issues within this jail. The health authority is responsible for

establishing, implementing, and annually reviewing/revising policies for all clinical aspects of the

health care program and for monitoring the appropriateness, timeliness and responsiveness of

care and treatment. The health authority also approves all medical decisions and protocols.

707.3 SELECTION PROCESS

The Sheriff or the authorized designee shall select a health authority using an existing office

procurement or selection process. The individual or organization selected shall be designated as

the health authority for inmate health care on behalf of the facility.

Aside from any monetary or term considerations, the contract between the Office, and the selected

individual or organization shall minimally include:

(a) Language establishing the scope of services being contracted and the type of health

care service needed.

(b) Job descriptions, minimum qualifications, and performance expectations for contract

personnel.

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processes for assessing the quality, effectiveness, and timeliness of the services

provided and periodically reporting those findings to the facility.

(d) Identification of a Responsible Physician, who shall serve as the medical authority on

treatment matters requiring medical expertise and judgment.

(e) Language regarding the minimum frequency that the health authority shall be present

at the facility.

(f) The roles and responsibilities of staff in ensuring that the contractor may adequately

deliver services in a safe and secure environment.

(g) A written plan for coordinating medical care from multiple health care services.

(h) A written plan for the collection and maintenance of inmate health records that is

compliant with the Health Insurance Portability and Accountability Act (HIPAA).

(i) Identification of a dispute resolution process for the contracted parties and for inmates

who may be questioning treatment plans.

(j) Language and a plan addressing liability and indemnification for issues related to

inmate health care.

The health authority shall be authorized and responsible for making decisions about the

deployment of health resources and the day-to-day operation of the health services program. If

the health authority is other than a physician, any final clinical judgments shall rest with a single,

designated, Responsible Physician.

The health authority or the authorized designee will meet at least monthly with custody

representatives to discuss the health care program and any issues that require correction or

adjustment.

Security regulations are applicable to facility staff and health care personnel (15 CCR 1200(a)).

707.4 PROVISION OF HEALTH CARE

The health authority is responsible for arranging the availability of health care services. The

qualified health care professionals should determine what medical services are needed on a case-

by-case basis. The Chief Deputy shall provide the administrative support for making the health

care services available to inmates. Clinical decisions are the sole province of qualified health care

professionals and should not be countermanded by non-health care professionals.

If routine health services are provided by medical personnel outside this facility, all office policies

regarding treatment, transfer, transportation, or referral of emergencies shall be followed.

The health authority is responsible for ensuring that the health services manual complies with all

applicable state and federal law and that a review and update is conducted annually.

An annual audit of the quality and adequacy of health care services shall be done, with corrective

action taken when deficiencies are identified (15 CCR 1202).

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707.5 PROFESSIONAL STAFF

Qualified health care professionals include physicians, physician's assistants, nurses, nurse

practitioners, dentists, mental health professionals and others who, by virtue of their education,

credentials and experience, are permitted by law to evaluate and care for patients.

Nursing and other professional health care staff is responsible for delivering direct and indirect

patient care services, pursuant to the direction of the chief medical officer or director. A physician

will be available at all times for consultation.

If routine health services are provided by medical personnel outside this facility, all office policies

regarding treatment, transfer, transportation or referral of emergencies shall be followed (Title 15

CCR § 1206 (c)).

707.6 PROVISION OF HEALTH CARE

The health authority is responsible for arranging the availability of health care services. The

treating clinician shall determine what medical services are needed on a case-by-case basis. The

Chief Deputy shall provide the administrative support for making the health care services available

to inmates. Clinical decisions are the sole province of the responsible clinician and should not

be countermanded by non-clinicians. The health authority is responsible for ensuring that the

health services manual complies with all applicable state and federal law and that a review is done

annually (Title 15 CCR 1206 et seq.).

An annual audit of the quality and adequacy of health care services shall be done with corrective

action taken when deficiencies are identified (Title 15 CCR § 1202).

707.7 PSYCHOTROPIC MEDICATIONS FOR MINORS

The health authority, in cooperation with the mental health director and the Chief Deputy,

shall develop written policies and procedures governing the use of voluntary and involuntary

psychotropic medications for minors that comply with 15 CCR 1125.

707.8 LACTATION PROGRAM

The health authority, in cooperation with the Chief Deputy, shall develop a program with written

procedures for lactating inmates to express breast milk for feeding their infants or toddlers,

cessation of lactation or weaning, and for maintaining their breast milk supply pending delivery to

an approved person or the inmate’s release (Penal Code § 4002.5).

The health authority should ensure that the policy is posted in all locations where medical care

is provided and is communicated to members who interact with or oversee pregnant or lactating

inmates (Penal Code § 4002.5).

Policy

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Health Appraisals

708.1 PURPOSE AND SCOPE

The purpose of this policy is to establish the process for conducting health appraisals on all inmates

following their arrival at this facility and for the continuity of care for inmates who remain in custody

for extended periods. Further, it is to ensure the inmate’s health care needs are met and that

health care started at one facility continues as needed.

708.1.1 DEFINITIONS

Health appraisal - A comprehensive health evaluation completed within 14 days of an inmate's

arrival at the facility (National Commission on Correctional Health Care (NCCHC) Standards for

Health Services in Jails, J-E-04).

Physical examination - An objective, hands-on evaluation of an individual. It involves the

inspection, palpation, auscultation and percussion of a body to determine the presence or absence

of physical signs of disease (NCCHC Standards for Health Services in Jails, J-E-04).

708.2 POLICY

It is the policy of this office that all inmates will receive a comprehensive health appraisal within 14

days of incarceration unless there is documented evidence that the inmate has received a health

appraisal within the previous 90 days. In addition to the initial health appraisal, the inmate should

have an annual evaluation to reassess his/her health status and to provide access to preventive

medicine through education and lifestyle programs.

708.3 INITIAL HEALTH APPRAISAL

(a) Qualified health care professionals shall have access to the daily inmate roster.

From this, they can determine who needs a health appraisal and hands-on physical

evaluation. The health appraisal should include:

1. A review of earlier medical screening information.

2. Administration of a skin test for tuberculosis (TB).

3. Recording of height and weight.

4. Recording of vital signs (blood pressure, pulse, respiration rate, and

temperature).

5. Ordering other tests or examinations as appropriate.

6. The collection of any additional data needed to complete medical, dental,

psychiatric, and immunization histories.

(b) Inmates shall be scheduled for a hands-on physical evaluation by a qualified health

care professional within 48 hours of arrival at the jail. The evaluation shall include:

1. Review of the medical screening.

2. Review of the health history questionnaire.

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3. Review of all vital signs and TB skin test results.

4. A medical examination, including a review of mental and dental status.

5. Initiation of treatment or therapy, as appropriate.

6. Development and implementation of a treatment plan, including

recommendations for housing, job assignment, and program participation.

The Responsible Physician shall review and authorize all health appraisals within 72 hours.

708.3.1 PRISON RAPE ELIMINATION ACT (PREA) SCREENING FOLLOW-UP

Inmates who have an identified history of sexual victimization shall be offered a follow-up meeting

with a qualified health care or mental health provider within 14 days of intake screening (28 CFR

115.81).

708.4 ANNUAL HEALTH EXAMINATIONS

The Responsible Physician will determine the criteria for periodic health examinations for inmates.

Inmates should be scheduled for an annual health examination within 14 days of the inmate’s

annual incarceration anniversary (15 CCR 1208.5). The examination should include:

•

A review of current vital signs and weight.

•

A TB skin test and review of the results.

•

An evaluation of any health-related issues arising since the last health evaluation.

•

Initiation of treatment, as appropriate.

•

Any updates to the inmate treatment plan.

•

Any other specific components determined by the Responsible Physician based on

the age, gender, and health of the inmate (15 CCR 1208.5).

All inmates should also be examined prior to release to protect both the inmate and the public.

Policy

709

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Healthy Lifestyle Promotion

709.1 PURPOSE AND SCOPE

The purpose of this policy is to affirm the Office’s commitment to promote healthy lifestyle choices

by inmates by providing health education and inmate self-care learning opportunities that include

classes, audio and video presentations and brochures and pamphlets.

709.2 POLICY

This office will encourage inmates to maintain a healthy lifestyle by providing health education

and wellness information.

709.3 HEALTH CARE ENCOUNTERS

During health care encounters, the qualified health care professionals should instruct inmates at

the time service is rendered on how to avoid preventable diseases, such as athlete’s foot, flu

and the common cold, tooth decay and sexually transmitted diseases. Such instruction should be

documented in the health record. Documentation should include the topics discussed, the written

materials provided, if any, and that the inmate acknowledged an understanding of the information.

Informative brochures from various health organizations should also be available to inmates in

the medical unit.

Following are examples of appropriate topics for inmate education:

•

Access to health care services

•

Dangers of self-medication

•

Personal hygiene and dental care

•

Prevention of communicable diseases

•

Education, smoking cessation

•

Family planning

•

Self-care for chronic conditions

•

Self-examination for health concerns

•

The benefits of physical fitness

•

Chronic diseases and disabilities

•

Counseling in preparation for release

•

Domestic violence

•

Medications

•

Nutrition

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•

Sexually transmitted diseases

•

Substance abuse

•

Tuberculosis

709.4 GENERAL HEALTH PROMOTION INFORMATION

Whenever possible, written materials, audio and video presentations should be made available

to inmates for educational purposes. These materials are often available in bulk quantity through

the public health department and other community-based organizations.

All items intended for distribution to the inmate population shall be approved by the Chief Deputy

to avoid any conflict with rules regarding contraband in the facility.

Classes should also be conducted to inform the inmate on various healthy lifestyles. Class

schedules should be posted in advance, curriculum and lesson plans developed, and attendance

rosters maintained.

All documentation regarding health education and inmate self-care should be retained in inmate

medical files in accordance with established records retention schedules. Statistics on program

offerings and attendance may be used to determine program effectiveness and interest.

709.5 FAMILY PLANNING SERVICES

All inmates shall be offered family planning services at least 60 days prior to a scheduled release

date (Penal Code § 4023.5).

Policy

710

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Transfer Screening

710.1 PURPOSE AND SCOPE

This policy recognizes that inmates are frequently transferred within the correctional authority's

system and to facilities outside the system. This policy establishes a process for medical screening

of transferred inmates to ensure continuation of care and to avoid unnecessary diagnostics.

710.2 POLICY

It is the policy of this office that inmates who are transferred to another jail, correctional system

or health care facility will be screened prior to transfer to ensure that the receiving facility can

assume and continue proper care. Medical needs of the inmate will be clearly communicated

to the receiving facility, including the ongoing treatment plan, scheduled surgeries and outside

appointments.

Inmates who are transferred to other facilities shall be sent with a discharge summary that includes

information about the inmate's medical and mental health condition, the current treatment plan

and any medications, if needed (15 CCR 1206(n)).

710.3 TRANSFERS

Any inmate being transferred to another correctional or health care facility will be medically

screened prior to transfer as described below.

The medical screening should include:

(a) A determination of whether the inmate is being treated for a medical, mental health

or dental problem.

(b) A determination of whether the inmate has any apparent, current medical, mental

health or dental needs or complaints.

(d) Whether the inmate has any evidence of abuse or trauma.

(e) Whether the inmate has any physical deformities or special daily living assistance

needs.

(f) The inmate's classification and clearance status (i.e., general population,

segregation).

(g) Whether the inmate has any pending follow-up appointments or requirements.

Completed discharge summaries, including the medical screening results, shall accompany

inmates being transferred to another office's jurisdiction to ensure that the receiving health care

service can assume and continue necessary care. A release of information authorization is not

required.

• Current health conditions

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• Current treatments and medications

• Upcoming appointments and diagnostic studies

• Allergies

• Copies of any health information that is critical to continuity of care

If the receiving facility requests a copy of the medical record, it will be supplied within five working

days.

The discharge summary and any related medical records being transferred shall be placed in

a file or envelope that maintains the confidentiality of the inmate's medical information. The

transporting personnel shall be provided separate written instructions regarding medication or

health interventions, including necessary precautions that are required en route. The transporting

personnel shall also document on the transfer log the date, time and name of the person receiving

the inmate and the medical records.

710.3.1 EXTENDED TRANSPORTATION OF INMATES

When an inmate will be in transfer status for several days and housed temporarily at various

custody facilities along the way, a medical transfer packet shall be prepared by the qualified health

care professional in a form that will advise the temporary housing facilities of any medical needs

of the inmate. When medically appropriate, a small supply of medication should be provided with

the medical transfer packet so it will be available to the temporary housing facility as needed.

710.4 RECEIVING TRANSFERRED INMATES

When an inmate being transferred to this facility arrives without a full and comprehensive medical

transfer packet from another facility, the inmate shall be medically screened and receive a

comprehensive health appraisal in accordance with the Medical Screening Policy and Health

Appraisals Policy. The medical department of the sending facility should be promptly contacted to

determine if the transferred inmate has any medical needs that require immediate attention or any

scheduled surgeries or appointments with community health care services. Arrangements should

then be made with the sending facility for the delivery of a more detailed review of the inmate's

medical needs.

710.4.1 EXTENDED TRANSPORTATION OF INMATES

Where an inmate will be in transfer status for several days and housed temporarily at various

custody facilities along the way, a transfer packet shall be prepared by the medical staff in a

form that will advise the temporary housing facilities of any medical needs of the inmate. When

appropriate, a small supply of medication should be provided with the transfer packet so it will be

available to the temporary housing facility as needed.

710.5 RECEIVING TRANSFERRED INMATES

Where an inmate being transferred to this facility arrives without a medical transfer packet, the

inmate shall, within 24 hours, be given a health care appraisal comparable to the 14-day appraisal

given newly admitted inmates. The medical department of the sending facility should be promptly

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contacted to determine if the transferred inmate has any medical needs that require immediate

attention or any scheduled surgeries or appointments with community medical providers. The

receiving facility should arrange for the delivery of a more detailed review of the inmate's medical

needs.

Policy

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Medical Screening

711.1 PURPOSE AND SCOPE

The purpose of this policy is to establish a medical screening process for newly booked inmates

so that medical, mental health and dental issues are properly identified and addressed, and to

obtain a medical clearance when necessary.

711.2 POLICY

It is the policy of this office that a medical screening be performed on all inmates upon arrival at

the intake area to ensure that existing, emergent and urgent health care, dental or mental health

needs are identified, risks are assessed and inmates with contagious and communicable diseases

are properly classified and housed for their health and the health of the general population (15

CCR 1051; 15 CCR 1206.5(a); 15 CCR 1207).

711.3 ELEMENTS OF MEDICAL SCREENING

The medical screening shall be performed by health services personnel when available, but may

also be performed by health-trained correctional staff. The Responsible Physician, in cooperation

with the Chief Deputy, shall establish protocols for use by health-trained correctional staff

during the medical screening. All completed medical screenings should be forwarded to the

Responsible Physician. A review of any positive finding shall be performed by a qualified health

care professional.

Regardless of training, no inmate should be allowed to conduct health care evaluations or provide

treatment to any other inmate.

All inmates shall complete a medical screening as part of the booking process. If an arrestee

refuses to cooperate with the medical screening, the screener will complete as much of the

health assessment as reasonably possible and the arrestee will be closely observed until he/she

cooperates with the remainder of the screening process.

The Responsible Physician should work cooperatively with the Chief Deputy to develop the

medical screening forms, which should be applicable for general health, mental health and suicide

screening purposes. The forms should be completed no later than 24 hours after the arrival of an

inmate but prior to an inmate being housed in the general population. All medical screening forms

shall be forwarded to the medical unit and the qualified health care professionals shall be alerted

to those that need priority attention.

711.3.1 MEDICAL SCREENING INQUIRY

The medical screening inquiry should include a review of the inmate’s prior jail medical record, if

any, and document the following:

•

History of infectious or communicable diseases that are considered serious in nature;

current treatment, symptoms, medications, chronic illness, or health issues, including

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communicable diseases, or special health requirements and/or dietary needs (15 CCR

1051)

•

Acute dental problems

•

Past and recent serious communicable disease symptoms (e.g., chronic cough,

coughing up bloody sputum, lethargy, weakness, weight loss, loss of appetite, fever,

night sweats) (15 CCR 1051)

•

Mental illness, including psychiatric hospitalizations within the last three months

•

Gender issues

•

History of or current suicidal ideation

•

Acute allergies

•

History of or current prescription or illegal drug use, including the time of last use

•

History or current symptoms of substance abuse withdrawal

•

Current, recent, or suspected pregnancy; any history of gynecological problems and

present use and method of birth control

•

Appearance or history of developmental disability, body deformities, or other physical

abnormalities

•

Females who have given birth in the past year and are charged with murder or

attempted murder of their infants shall be referred to mental health services at the time

of booking (15 CCR 1207.5)

•

Any other health issues as identified by the Responsible Physician

Qualified health care professionals should assist in developing specific mental health medical

screening questions and should provide training in analyzing inmate responses. The Responsible

Physician should establish the role of the qualified health care professional in the medical

screening process.

Should the medical screening identify a need for a more comprehensive medical assessment of

the inmate, a qualified health care professional should initiate appropriate follow-up action, which

may include transporting the inmate to an off-site medical facility.

711.3.2 MEDICAL SCREENING OBSERVATION

The staff member completing the medical screening observation shall document the following

observations:

•

Appearance (e.g., sweating, tremors, anxious, disheveled)

•

Behavior (e.g., disorderly, appropriate, insensible)

•

State of consciousness (AVPU):

Alert - spontaneously responsive

Verbal - requires verbal stimulation to respond

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Pain - requires painful stimulation to respond

Unresponsive - does not respond

•

Ease of movement (e.g., body deformities, gait)

•

Breathing (e.g., persistent cough, hyperventilation)

•

Skin (e.g., lesions, jaundice, rashes, infestations, bruises, scars, recent tattoos, needle

marks or other indications of drug abuse)

•

Any other observable health symptoms

The Chief Deputy and the Responsible Physician should develop a procedure through which it

can be reliably determined what prescription medications the inmate is taking and the medical

urgency for continuing those medications without interruption.

711.3.3 DOCUMENTATION

Written documentation of the medical screening should include the name of the screener, the date

and time and the following information:

•

Immediate or scheduled referral to a medical, dental or mental health professional

•

Guidance regarding housing placement, including disciplinary detention if necessary

(15 CCR 1051)

•

Guidance regarding activity limitations and work assignment

•

The inmate's responses to questions asked by the interviewer

•

Other individualized observations and recommendations

The initial medical screening should become part of the inmate’s medical record and should be

retained in accordance with established records retention schedules.

711.4 MEDICAL SCREENING DISPOSITIONS

Persons who are brought to the facility and are obviously in need of immediate medical attention

shall be referred to an emergency medical facility for clearance. Conditions that require a medical

clearance prior to booking include but are not limited to the following:

•

Unconsciousness

•

Uncontrolled bleeding

•

Significant injuries from a motor vehicle accident

•

Significant injuries from an altercation

•

Significant injuries from handcuffs or other restraint devices

•

Knife wounds, gunshot wounds, or lacerations

•

Exposure to pepper spray, TASER® device deployment, or blunt force trauma during

arrest

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•

Intoxication to a degree that the individual cannot speak coherently or stand or walk

unaided

•

Recent drug overdose

•

Suspected or known complications of pregnancy

•

Active seizures

•

Suspected or known complications of diabetes

•

Exhibits behavior indicating a potential danger to themselves or others

•

Active tuberculosis or other serious contagious diseases

•

Actively suicidal

•

Any other medical condition, which, in the opinion of the booking personnel, should

be urgently referred for evaluation by medically trained personnel

Inmates with these medical conditions are not suitable for admission to the facility until medically

cleared by a qualified health care professional. This office requires medical clearance from an

outside entity when such inmates are identified.

Medical clearance documentation shall include the medical diagnosis, treatment received at the

emergency medical facility, any medications prescribed, any ongoing medical requirements, and

any follow-up medical care that may be indicated before the arrestee is accepted for booking.

The Chief Deputy is responsible for notifying local police agencies and medical facilities of the jail

admission refusal policy and the required clearance documentation.

Based upon the information obtained during the screening process, the medical classification

disposition of the inmate shall be one of the following:

•

General population or other appropriate cell assignment

•

General population or other appropriate cell assignment and timely referral to

appropriate health care services

•

Immediate referral to health care services prior to housing

711.5 HEALTH APPRAISAL

Generally, a comprehensive health appraisal should occur within 14 days of booking (see the

Health Appraisals Policy). However, when it is appropriate and based on an inmate’s health

condition, an early health appraisal should be recommended. An inmate may also be cleared

for housing in general population with a prompt referral to the appropriate health care services

when it is in accordance with the inmate’s overall classification. Upon the identification of a

mentally disordered inmate, a physician's opinion will be secured within 24 hours, or next sick call,

whichever is earliest (15 CCR 1052).

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711.5.1 MEMBERS CONDUCTING HEALTH APPRAISALS

Medical screening should be completed by licensed health personnel or trained facility staff, with

documentation of staff training regarding site-specific forms with appropriate disposition based on

responses to questions and observations made at the time of screening (15 CCR 1207).

Policy

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Mental Health Services

712.1 PURPOSE AND SCOPE

The purpose of this policy is to ensure that all inmates have access to mental health services and

that inmates identified as needing these services are referred appropriately.

712.1.1 DEFINITION

Definitions related to this policy include:

Mental health services - A variety of psycho-social and pharmacological therapies, either

individual or group, including biological, psychological and social therapies to alleviate symptoms,

attain appropriate functioning and prevent relapse.

712.2 POLICY

It is the policy of this office that a range of mental health services shall be available for any inmate

who requires them (15 CCR 1206(g); 15 CCR 1207; 15 CCR 1209).

712.3 MENTAL HEALTH SERVICES

The Chief Deputy should collaborate with the local public and private organizations that offer

mental health services, treatment, and care to those inmates in need of such services.

In coordination with the health authority, Responsible Physician, and Chief Deputy, such services

shall include but are not limited to (15 CCR 1209):

•

Identification and referral of inmates with mental health needs.

•

Mental health treatment programs provided by qualified staff, including the use of

telehealth.

•

Crisis intervention.

•

Basic mental health service provided to inmates as clinically indicated.

•

Medication support services.

•

Suicide prevention.

•

Referral, transportation, and admission to licensed mental health facilities for inmates

whose psychiatric needs exceed the treatment or housing capability of the facility

(Penal Code § 4011.6; Penal Code § 4011.8).

•

Provision of health services sufficiently coordinated such that care is appropriately

integrated, medical and mental health needs are met, and the impact of any of these

conditions on each other is adequately addressed.

•

Obtaining and documenting informed consent.

•

Release planning services.

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712.4 BASIC MENTAL HEALTH SERVICES

Inmates may be referred to a qualified health care professional through a variety of methods, which

include the medical screening process, the mental health appraisal process and self-referral or

staff referral. Qualified health care professionals should respond to all referrals in a timely manner

and initiate the appropriate treatment services.

(a) If the inmate has received previous mental health treatment, the inmate should be

asked to complete a release of information form so his/her treatment records can be

obtained.

(b) Inmates who have been determined to be in need of ongoing mental health

services after their release from this facility should be provided with information

about community mental health treatment resources. Arrangements for more

comprehensive mental health care may be made, if appropriate.

for special housing needs. The qualified health care professional should work in

cooperation with classification personnel to establish the best, reasonably available

housing option.

(d) Inmates who are suspected or known to be developmentally disabled should receive

a mental health appraisal by the qualified health care professional or health-

trained custody staff as soon as reasonably practicable but no later than 24 hours

after booking. Contact will be made with the regional center within 24 hours,

excluding holidays and weekends, when an inmate is suspected or confirmed to

be developmentally disabled. Inmates who are developmentally disabled should be

referred, where appropriate and available, for placement in non-correctional facilities

or in units specifically designated for housing the developmentally disabled (15 CCR

1057).

(e) Inmates enrolled in mental health treatment, including psychiatric medication

management, should be provided information regarding the risks and benefits to

treatment. Informed consent documents should be signed by the inmate to establish

his/her consent to treatment. The signed forms should be placed in the inmate’s health

record and retained in accordance with established records retention schedules.

(f) A treatment plan should be established for all inmates enrolled in mental health

services.

1. Psychiatric and special needs treatment plans shall be reviewed every 180

days, at a minimum. Inmates taking psychotropic medication should be seen

by a psychiatrist at least every 90 days. Inmates classified as requiring mental

health special needs should be seen at least monthly by a qualified health care

professional.

2. Inmates enrolled in other ongoing forms of mental health treatment should have

treatment plan updates completed every six months, at a minimum.

3. Inmates who present to the qualified health care professional as having notable

difficulty adjusting to the correctional environment, but who are not diagnosed

with a serious mental illness, should be evaluated for the appropriateness of

mental health treatment. Consideration should be given to the qualified health

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care professional and the facility staff working together to address the issues

that may be affecting the inmate’s ability to adjust to incarceration.

(g) The qualified health care professional should utilize a site-specific suicide prevention

program to ensure the safety of inmates who present with a risk of self-harm.

1. Qualified health care professionals should be assigned to daily rounds in the

segregation unit to determine the mental health status of inmates housed there.

2. Segregated inmates may be referred by the jail staff to qualified health care

professionals for follow-up if concerns arise regarding their ability to function in

disciplinary detention.

(h) If the qualified health care professional has concerns about the level of mental health

services that are required to manage an inmate housed in the facility, the health

authority shall be notified and the Responsible Physician shall be the decision-maker

regarding the health care needs of the inmate.

1. The Responsible Physician may consult with a psychiatrist, specialist or other

health care service in determining whether the inmate should be transferred to

a facility that is better equipped to handle the inmate’s psychiatric needs.

2. The Responsible Physician should notify the Chief Deputy of the request to

transfer the inmate for medical treatment.

3. The case review and disposition of the patient should be documented in the

inmate’s health record and retained in accordance with established records

retention schedules.

Inmates determined to be in need of substance abuse treatment services should be informed

of the facility programs available and shall be provided information about community substance

abuse treatment resources.

Policy

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Mental Health Screening and Evaluation

713.1 PURPOSE AND SCOPE

The purpose of this policy is to establish the process by which all inmates receive an initial mental

health screening by qualified mental health staff or health-trained custody staff using an instrument

developed by qualified health care professionals. The initial mental health screening takes place

at the time of booking, and is for the safety of the inmate and the general population. It helps

the custody staff to make appropriate classification and housing decisions and to ensure that the

treatment and intervention needs of the inmate are met.

713.1.1 DEFINITIONS

Mental health staff - Qualified health care professionals who have received instruction and

supervision in identifying and interacting with individuals in need of mental health services.

Qualified mental health professionals - Psychiatrists, psychologists, psychiatric social workers,

psychiatric nurses and others who, by virtue of their education, credentials and experience, are

permitted by law to evaluate and care for the mental health needs of patients.

Screening for intellectual functioning - Includes inquiry into the history of developmental

and educational difficulties and, when indicated, referral for the application of standardized

psychological intelligence tools, as appropriate.

Suicidal ideation - Having thoughts of suicide or of taking action to end one's own life. Suicidal

ideation includes all thoughts of suicide when the thoughts include a plan to commit suicide and

when they do not.

Treatment plan - A comprehensive written tool for planning, implementing and evaluating mental

health interventions in response to specific problems and in accordance with established health

care goals.

713.2 POLICY

It is the policy of this office that all individuals booked into the facility shall receive an initial mental

health screening by a qualified mental health professional, qualified mental health staff or health-

trained custody staff. A more comprehensive medical appraisal shall be conducted within the first

14 days of incarceration to confirm the initial findings and to ensure that, if needed, an appropriate

treatment plan that meets the individual needs of the inmate is in place (15 CCR 1052; 15 CCR

1209(a)(1)).

713.3 MENTAL HEALTH SCREENING

The initial screening is designed to identify whether mental health conditions exist that require

immediate or ongoing intervention. The screening shall be performed prior to the inmate being

placed in general housing and should include:

(a) Inquiry into whether the inmate is or has:

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1. Thoughts or history of suicidal behavior.

2. Been prescribed or is taking psychotropic medication or antidepressants.

3. Been treated for mental health issues.

4. A history of psychiatric treatment.

5. A history of treatment for substance abuse or been treated for substance abuse.

(b) Any observations of:

1. Appearance and behavior.

2. Abuse, injury or trauma.

3. Symptoms of aggression, depression, psychosis.

1. General housing

2. General housing with mental health referral

3. Mental health emergency treatment

This information shall be recorded on the receiving screening form. It will become part of

the inmate's health record and be retained in accordance with established records retention

schedules.

713.4 MENTAL HEALTH APPRAISAL

All new inmates shall receive a mental health appraisal by a qualified mental health professional

within 14 days, unless documentation exists that an appraisal has been completed within the

previous 90 days. Mental health appraisals should include, but not necessarily be limited to the

following assessments:

• Mental health status

• Suicide potential

• Violence potential

• Previous psychiatric treatment

• Any history of treatment with psychotropic medication or antidepressants

• Substance abuse or treatment for substance abuse

• Educational history

• Sexual abuse victimization (28 CFR 115.81)

• Predatory behavior or perpetrated sexual abuse (28 CFR 115.81

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713.5 MENTAL HEALTH REFERRALS

Qualified mental health staff should administer a complete and thorough evaluation of inmates

referred for treatment as soon as practicable but no later than 14 days from the referral. The

evaluation should include:

• Review of the inmate's screening and appraisal information.

• Observations of the inmate's behavior.

• Information gathered from interviews and testing to determine the inmate's mental

health condition, intellect, personality, problems and ability to deal with a custody

environment.

• Collection of the Inmate's mental health history.

Following the evaluation, a plan of treatment and maintenance, which may include a complete

psychological evaluation, should be developed to meet the inmate's needs.

Policy

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Special Needs Medical Treatment Plan

714.1 PURPOSE AND SCOPE

This purpose of this policy is the proper treatment and management of inmates with chronic

diseases and special needs. This is accomplished by utilizing nationally recognized, generally

accepted clinical guidelines and establishing communication between qualified health care

professionals and custodial personnel.

714.1.1 DEFINITIONS

Definitions related to this policy include:

Chronic disease - An illness or condition that affects an individual’s well-being for an extended

interval, usually at least six months, and generally is not curable but can be managed for optimum

functioning within any limitations the condition creates in the individual.

Chronic disease program - The inmate has regular clinic visits during which a qualified health

care professional monitors the medical condition and adjusts treatment as necessary. The

program also includes patient education for symptom management.

714.2 POLICY

It is the policy of this office that all individuals identified as having chronic diseases or special

needs are enrolled in a chronic disease program to decrease the frequency and severity of the

symptoms, prevent disease progression and complication, and foster improved function.

When a qualified health care professional recognizes that an inmate requires accommodation due

to a special need, correctional personnel should be notified in writing. Consultation between the

qualified health care professional and custodial personnel should occur regarding the condition

and capabilities of inmates with known special needs prior to a housing, work or program

assignment, transfer to another facility or the imposition of disciplinary action.

Qualified health care professionals shall furnish special needs information regarding inmates to

custodial personnel in order for them to accurately classify and house inmates in the facility. It

is the responsibility of the Chief Deputy or the authorized designee to ensure that inmates with

special needs are receiving the proper care and that their needs are effectively communicated to

custodial staff for appropriate accommodation (15 CCR 1206(g)).

714.3 CLINICAL PRACTICE GUIDELINES

The Responsible Physician or the authorized designee is responsible for establishing and annually

reviewing clinical protocols to ensure consistency with the National Clinical Practice Guidelines.

The clinical protocols for the management of chronic disease and special needs include, but are

not limited to, the following:

• Asthma

• Communicable diseases

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• Developmentally disabled inmates

• Diabetes

• Dialysis

• Frail or elderly inmates

• High blood cholesterol

• HIV

• Hypertension

• Mental illness

• Mobility impairments

• Pregnancy

• Seizure disorder

• Suicidal ideation

• Terminally ill

• Tuberculosis

714.4 DOCUMENTATION

Documentation in an inmate’s medical record should include information regarding the chronic

disease protocols deployed, the person responsible for the various protocols, the extent to which

the chronic disease protocols are being followed and should include, but not be limited to:

• The frequency of follow-up for medical evaluation.

• How the treatment plan was adjusted when clinically indicated.

• The type and frequency of diagnostic testing and prescribed therapeutic regimens.

• The prescribed instructions for diet, exercise, adaptation to the correctional

environment and medication.

• Clinical justification of any deviation from the established protocol.

A master list of all chronic disease and special needs patients should be maintained by the

Responsible Physician or the authorized designee.

714.5 CHRONIC CARE PROGRAM

(a)

Newly incarcerated inmates shall receive a medical screening. This screening includes

the documentation of any acute or chronic health problems or injuries, special needs

and any medications or treatments the inmate is currently receiving.

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If the inmate has been incarcerated previously, his/her health records should

be reviewed.

A special needs communication form should be completed and sent to the

classification unit, the Shift Commander and the housing officer to ensure the

inmate is properly housed.

Current medications being taken by the inmate should be verified and continued

as deemed appropriate by the Responsible Physician.

A health assessment shall be completed within 14 days of incarceration and a

physical examination conducted within six months of incarceration.

The status of a special needs inmate should be evaluated, at minimum, every

90 days to determine the need for the continued designation.

(b)

The Chief Deputy or the authorized designee and the Responsible Physician or the

authorized designee should consult with one another prior to taking action regarding

any special needs inmate with regard to housing, program or work assignments,

disciplinary measures or transfers to other facilities.

When immediate action is required and prior consultation is not reasonably

practicable, that consultation should occur as soon as practicable but no later

than 72 hours post-action.

(c)

Individual treatment plans are used to guide treatment for episodes of illness. The

format for treatment planning may vary, but should include, at a minimum:

The frequency of follow-up for medical evaluation and adjustment of treatment

modality.

The type and frequency of diagnostic testing and therapeutic regimens.

When appropriate, instructions about diet, exercise, adaptation to the

correctional environment and medication.

(d)

Reasonable effort should be made to obtain health information and records from

previous health care services, with the consent of the inmate, when the inmate has a

medical problem that was being treated prior to incarceration.

(e)

Upon transfer to another correctional facility, a summary of the inmate’s current

condition, medications and treatment plan will be forwarded to the receiving facility in

a sealed envelope to maintain inmate privacy.

(f)

Requests for health information from community health care services must be

submitted with the inmate’s written consent. If the inmate does not consent, the

community health care service may be advised that the person is an inmate and the

health information may not be provided without the inmate’s written consent.

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(g) Critical specialty medical procedures or treatment, such as dialysis, which cannot be

provided at the Monterey County Sheriff's Office do not require a court order unless

the care is expected to prevent the inmate from returning within 48 hours (Penal Code

§ 4011.5).

(h)

When inmates are sent out of this facility for emergency or specialty treatment,

written information regarding the inmate’s current medical status and treatment should

accompany the inmate. Upon return to the facility, treatment recommendations from

outside health care services should be reviewed by the Responsible Physician or

the authorized designee for any changes in the custodial environment or in-house

treatment plan.

(i)

Inmates identified as developmentally disabled shall be considered for discharge

planning services.

The local center for the developmentally disabled will be contacted within 24

hours of incarceration of an inmate suspected to be developmentally disabled.

Referrals will be made to the jail’s discharge planning specialist. If no such

position exists, the need for transition planning should be noted on the treatment

plan.

(j)

With the inmate’s written consent, the health services staff should:

Share necessary information with outside health care services.

Arrange for follow-up appointments.

Arrange for transfer of health summaries and relevant parts of the health record

to community providers or others assisting in planning or providing for services

upon release.

(k)

Contacts with community providers should be documented via an administrative note

in the patient’s health record.

(l)

Patients with serious mental health issues, including those receiving psychotropic

medication, will be informed about community options for continuing treatment and

provided with follow-up appointments when possible.

(m)

Medications should be provided as appropriate.

(n)

The Responsible Physician is responsible for ensuring that local site-specific

procedures facilitate discharge planning.

Policy

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Communicable Diseases

715.1 PURPOSE AND SCOPE

This policy is intended to provide guidelines for facility staff to assist in minimizing the risk of

contracting and/or spreading communicable diseases. The policy offers direction in achieving the

following goals:

(a) Managing the risks associated with bloodborne pathogens (BBP), aerosol

transmissible diseases (ATD) and other potentially infectious substances.

(b) Providing appropriate treatment for ill inmates while minimizing the risk of the spread

of disease.

disposal of personal protective equipment (PPE).

(d) Ensuring proper reporting to local, state and federal agencies.

(e) Establishing procedures for the identification, education, immunization, prevention,

surveillance, diagnosis, medical isolation (when indicated), treatment and follow-

up care for new inmates, and for inmates or employees who have contracted a

communicable disease from an ill inmate.

(f) Providing appropriate treatment, counseling and confidentiality should an employee

become exposed to a communicable disease.

(g) Protecting the privacy rights of all personnel who may be exposed to or contract a

communicable disease during the course of their duties.

715.1.1 DEFINITIONS

Definitions related to this policy include:

Aerosol transmissible disease (ATD) - A disease or pathogen for which droplet (whooping

cough, influenza, streptococcus) or airborne (measles, chickenpox, tuberculosis) precautions are

required.

Aerosol transmissible disease (ATD) exposure - Any event in which all of the following has

occurred:

•

An employee has been exposed to an individual who has or is suspected to have

an ATD, or the employee is working in an area or with equipment that is reasonably

expected to contain aerosol transmissible pathogens associated with an ATD.

•

The exposure occurred without the benefit of applicable exposure controls required

by this section.

•

It reasonably appears from the circumstances of the exposure that transmission of

disease is likely sufficient to require medical evaluation.

Airborne precautions - Include the use of an Airborne Infection Isolation Room (AIIR) that meets

the American Institute of Architects/Facility Guidelines Institute (AIA/FGI) standards for AIIRs, for

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infectious agents such as measles, chickenpox, tuberculosis, etc., in addition to medical personnel

wearing masks or respirators.

Bloodborne pathogens (BBP) - Pathogenic microorganisms that are present in human blood

and can cause disease in humans. These pathogens include, but are not limited to, hepatitis B

virus (HBV), hepatitis C virus (HCV) and human immunodeficiency virus (HIV).

Bloodborne pathogen exposure - Includes, but is not limited to, the contact of blood or other

potentially infectious materials with the eye, mouth, other mucous membranes, non-intact skin,

needle sticks, human bites, cuts, abrasions or any contact with blood or body fluids that is

synonymous with bloodborne pathogen exposure as defined by the federal Centers for Disease

Control and Prevention (CDC).

Ectoparasitic infections - Parasites that live on the skin, such as lice (pediculosis) and scabies

(sarcoptic mange). Both infections are communicable and may lead to secondary infections.

HBV - Hepatitis B

HIV - Human Immunodeficiency Virus

Medical isolation - Housing in a separate room with a separate toilet, hand-washing facility, soap

and single-service towels, and with appropriate accommodations for showering.

NIOSH - National Institute for Occupational Safety and Health

Nosocomial - Acquired during hospitalization. Nosocomial infections are infections that present

48 to 72 hours after admission to a hospital.

OSHA - Occupational Health and Safety Administration

Personal protective equipment (PPE) - Respiratory equipment, garments, gloves and other

barrier materials designed to reduce employee exposure to hazards.

Source control measures - The use of procedures, engineering controls and other devices or

materials to minimize the spread of airborne particles and droplets from an individual who has or

exhibits signs or symptoms of having an ATD.

Standard precautions - Infection control practices used to prevent the transmission of disease

that can be acquired by contact with blood, bodily fluids, non-intact skin (including rashes) and

mucous membranes. Applies to all inmates receiving care, regardless of diagnosis or presumed

infection status.

Universal precautions - A set of precautions designed to prevent transmission of HIV, HBV and

other bloodborne pathogens when providing first aid or health care.

715.2 POLICY

It is the policy of this office to maintain an effective program that focuses on the identification,

education, immunization, prevention, surveillance, diagnosis, medical isolation (when indicated),

treatment, follow-up and proper reporting to local, state and federal agencies of communicable

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diseases. The program is designed to ensure that a safe and healthy environment is created and

maintained for all occupants of the facility (15 CCR 1051; 15 CCR 1206.5; 15 CCR 1206(i)).

715.2.1 EXPOSURE CONTROL OFFICER

The Chief Deputy shall designate an Exposure Control Officer (ECO) who shall be responsible for:

(a) Establishing written procedures and a training program related to BBPs.

(b) Establishing written procedures and a training program related to ATDs.

policies and practices necessary to support the effective implementation of an

Exposure Control Plan (ECP), including specific symptoms that require segregation

of an inmate until a medical evaluation is completed (15 CCR 1051).

(d) Acting as a liaison during OSHA inspections and conducting program audits to

maintain a current ECP.

(e) Maintaining a current list of facility staff requiring training, developing and

implementing a training program, maintaining class rosters and quizzes, and

periodically reviewing the training program.

(f) Reviewing and updating the ECP annually, on or before January 1 of each year.

Supervisors are responsible for exposure control in their respective areas. They shall work directly

with the ECO and the affected employees to ensure that the proper procedures are followed.

715.2.2 PROCEDURES

The ECO shall be responsible for establishing, implementing and maintaining effective written

procedures for the following:

(a) Incorporating the recommendations contained in the CDC's "Respiratory Hygiene/

Cough Etiquette in Healthcare Settings."

(b) Screening and referring cases and suspected cases of ATD to appropriate facilities

within five hours of identification.

and administrative representatives, who will meet at least quarterly to review and

discuss communicable disease issues and activities. The ECO shall retain minutes

of these meetings in accordance with established records retention schedules. The

ECO also shall coordinate with the local public health entity on appropriate policy and

procedure.

(d) Conducting an assessment on the incidence and prevalence of tuberculosis (TB)

within the facility's population and the surrounding community. If the statistics indicate

a risk, the ECO shall develop a written plan that addresses the management of TB,

from testing to follow-up care.

(e) Communicating with employees, other employers, and the local health officer

regarding the suspected or diagnosed infectious disease status of referred inmates,

including notification of exposed employees.

(f) Reducing the risk of ATDs through the ECP and reviewing the plan at least annually.

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(g) Reducing the risk of exposure to BBPs (HIV, hepatitis).

(h) Providing a system of medical services for employees who may become exposed to

communicable diseases during the course of their employment.

(i) Ensuring that all employees who have occupational exposure to communicable

diseases participate in a training program at the time of their initial assignment, at least

annually thereafter, and any time there is a change in working conditions.

(j) Making all exposure and treatment plans available for employees, employee

representatives, and NIOSH review.

(k) Establishing procedures to ensure that members request exposure notification from

health facilities after potential exposure to a person who may have a communicable

disease who has been transported to a health facility and that the member is notified

of any exposure as required by Health and Safety Code § 1797.188.

(l) Informing members of the provisions of Health and Safety Code § 1797.188 (exposure

to communicable diseases and notification).

(m) Acting as the designated officer liaison with health care facilities regarding

communicable disease or condition exposure notification. The designated officer

should coordinate with other office members to fulfill the role when not available.

The designated officer shall ensure that the name, title, and telephone number of

the designated officer is posted on the office website (Health and Safety Code §

1797.188).

(n) Coordinating with the Department of Human Resources to provide required notices to

members regarding COVID-19 exposures (Labor Code § 6409.6).

715.3 COMMUNICABLE DISEASE PROGRAM COMPONENTS

715.3.1 SURVEILLANCE

Surveillance takes place throughout the period of the inmate’s incarceration and is done in a

variety of encounters and inspections. These include, but are not limited to, the following:

(a) Medical screening - Each newly booked inmate shall be evaluated for health

care needs and signs and symptoms of infectious disease. The receiving screening

includes questions regarding known symptoms of TB, HIV, sexually transmitted

diseases (STDs) and HBV. The individual completing the medical screening should

observe the inmate for obvious signs of infection (15 CCR 1206.5(a)).

(b) Health assessment - Inmates shall have a health assessment within the first 14 days

of incarceration. The health assessment process includes screening for symptoms of

communicable disease. Inmates will have a Purified Protein Derivative (PPD) test or a

chest X-ray for TB and a blood test for STDs. Voluntary HIV testing is provided based

on identified risk.

who are in the facility for one year or more.

(d) Sick call and referrals - At any time during incarceration, an inmate may request

to be evaluated for an infectious disease through the sick call process. Health and

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correctional staff can request that an inmate be evaluated if they notice any signs of

potentially infectious disease.

(e) Contact investigation - When an inmate housed in the general population

develops symptoms of an infectious disease, the Responsible Physician should

work cooperatively with the Chief Deputy or the authorized designee and the public

health department to provide appropriate screening and testing of potentially exposed

persons.

(f) Environmental health and safety inspections - The health and safety of the facility

environment shall be inspected by the local public health entity and reported to the

Chief Deputy at least quarterly in a written report. Conditions identified as adversely

affecting the health and safety of the inmates and/or employees or visitors shall be

promptly addressed and corrected.

715.3.2 IDENTIFICATION

Any inmate suspected of having a communicable disease will be evaluated by a qualified health

care professional as soon as reasonably practicable. Inmates suspected of having communicable

diseases will be appropriately isolated until disease confirmation and the period of communicability

is determined. Long term housing consideration will be based upon the classification status as well

as the behavior, medical needs and safety of inmates and staff. These inmates shall be examined

by a qualified health care professional within 24 hours. The instructions of the qualified health care

professional regarding care of the patient and sanitizing of eating utensils, clothing and bedding

shall be carefully followed (15 CCR 1206.5(a); 15 CCR 1206.5(b)(6)).

715.3.3 TREATMENT

Qualified health care professionals shall provide care as directed by the Responsible Physician

and consistent with scientific evidence-based medicine (15 CCR 1206.5(a)).

(a) The Responsible Physician and the Chief Deputy shall collaborate on treatment

planning with the public health department, as appropriate.

(b) Complete documentation of the signs, symptoms, diagnostic results, treatment and

outcome of care provided to inmates who are suspected or confirmed as having a

communicable disease will be entered into the inmate’s health record.

715.3.4 COMMUNICATION

The Responsible Physician shall ensure the following notifications are made whenever a

communicable disease is identified (15 CCR 1206.5(b)(3); 15 CCR 1206.5(b)(8)):

(a) Notification to the public health department of all reportable diseases and conditions

shall be made as soon as practicable. This is done by completing appropriate forms,

and if necessary, contacting the public health department directly for situations of

multiple spread occurrences.

(b) The Responsible Physician and the Chief Deputy shall be kept informed of any

incidence of communicable disease.

disease level for inmates, correctional officers or any other staff members.

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715.3.5 EMPLOYEE TRAINING

The Responsible Physician or the authorized designee shall provide education to all correctional

staff who have contact with infected inmates during the initial employee orientation and annually

thereafter. The Training Sergeant shall schedule this training and shall retain all associated

records in accordance with established records retention schedules.

715.3.6 DATA COLLECTION AND REPORTING

The health authority shall be responsible for ensuring the systematic collection and analysis of

data to assist in the identification of problems, epidemics or clusters of nosocomial infections. All

reportable illnesses as defined by the public health department shall be reported as required (15

CCR 1206.5(b) et seq.).

715.3.7 STANDARD PRECAUTIONS

Standard precautions shall be used by health care practitioners to minimize the risk of exposure

to blood and bodily fluids of infected patients. The health authority shall be responsible for

establishing basic guidelines including, but not limited to (15 CCR 1206.5(b)(4)):

•

Washing hands or using hand sanitizer before and after all patient or specimen

contact.

•

Handling all blood and bodily fluids such as saliva, urine, semen and vaginal secretions

as if they are known to be infectious. Where it is not possible to distinguish between

body fluid types, all body fluids are to be assumed infectious.

•

Wearing gloves for potential contact with blood and other bodily fluids.

•

Placing used syringes immediately in a nearby, impermeable container. Do not recap

or manipulate any needle in any way.

•

Wearing protective eyewear and a mask if splatter with blood or other body fluids is

possible.

•

Handling all linen soiled with blood and/or bodily secretions as infectious.

•

Processing all laboratory specimens as infectious.

•

As appropriate, wearing a mask for TB and other ATDs.

715.3.8 TRANSMISSION-BASED PRECAUTIONS

Transmission-based precautions may be needed in addition to universal precautions for selected

patients who are known or suspected to harbor certain infections. These precautions are divided

into three categories that reflect the differences in the way infections are transmitted. Some

diseases may require more than one category.

(a) Airborne precautions are designed to prevent the spread of ATDs, which are

transmitted by minute particles called droplet nuclei or contaminated dust particles.

These particles, because of their size, can remain suspended in the air for long periods

of time, even after the infected person has left the room. Some examples of diseases

requiring airborne precautions are TB, measles and chicken pox.

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An inmate requiring airborne precautions should be assigned to a designated

respiratory isolation room with special ventilation requirements. The door to this

room must be closed at all possible times. If an inmate must move from the

isolation room to another area of the facility, the inmate should wear a mask

during transport. Anyone entering the isolation room to provide care to the

inmate must wear a respirator.

(b) Droplet precautions are designed to prevent the spread of organisms that travel on

particles much larger than the droplet nuclei. These particles do not spend much time

suspended in the air, and usually do not travel beyond a few feet of the inmate. These

particles are produced when an inmate coughs, talks or sneezes. Examples of disease

requiring droplet precautions are meningococcal meningitis, influenza, mumps and

German measles (rubella).

1. All staff should wear masks within 3 feet of the inmate. Inmate movement should

be restricted to the minimum necessary for effective facility operations. The

inmate should wear a mask during transport.

inmate through direct (touching the inmate) or indirect (touching surfaces or objects

the inmate touched) contact. Examples of inmates who might be placed in contact

precautions are those infected with the following:

1. Antibiotic-resistant bacteria

2. Hepatitis A

3. Scabies

4. Impetigo

5. Lice

The following guide shall be used to determine the appropriate precautions that are necessary to

reduce the risk of infection transmission while inmates are being transported. Inmates shall receive

training on the disease transmission process and will be provided with appropriate barrier devices.

Precautions for Inmate Contact and Transportation

GLOVES SURGICAL

MASKS

N95 MASKS ISOLATION

GOWNS

Contact

Inmate No No No No

Personnel Yes No No Yes

Droplet

Inmate No Yes No No

Personnel No Yes No Yes

Airborne

Inmate No Yes No No

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Personnel No No Yes No

715.3.9 ENVIRONMENTAL HEALTH AND SAFETY

The Responsible Physician or the authorized designee shall conduct a monthly inspection of areas

where health services are provided to verify the following:

•

The equipment is inspected and maintained to the manufacturer’s recommendations.

•

The area is clean and sanitary.

•

The appropriate measures are being taken to ensure the unit is occupationally and

environmentally safe.

715.3.10 REGULATED WASTE

The Office in coordination with the health authority, will provide for the management of

biohazardous materials and waste and the establishment of a protocol for the decontamination of

equipment used in medical and dental treatment. Medical and dental equipment decontamination

shall comply with all applicable local, state and federal regulations. Precautions may include, but

are not limited to:

(a) Discarding biohazardous waste in red plastic bags marked with the word BIOHAZARD

and displaying the international symbol for biohazardous material. Contaminated

disposable PPE shall be discarded in these receptacles.

(b) Whenever a large amount of fluid blood is present, an absorbent powder should be

used to gelatinize the fluid, which should assist in clean up. Standard precautions shall

be used when removing the product, that should then be placed in a red biohazard bag.

locations pending weekly removal by a biohazard waste removal contractor.

(d) Records documenting biohazardous waste removal, spore count logs and cleaning

logs shall be retained in accordance with established records retention schedules.

715.4 ECTOPARASITE CONTROL

Ectoparasite control will be initiated, where clinically indicated, immediately following the medical

screening or when the inmate manifests signs and symptoms of lice or scabies (15 CCR 1212).

(a) Any inmate who indicates parasitical infection upon entering the facility shall be treated

by a qualified health care professional.

(b) Any inmate suspected of having lice/scabies may be referred to sick call by a deputy.

(d) A qualified health care professional shall evaluate any inmate with a lice/scabies

complaint. If there are positive findings, the inmate shall be treated for the infestation

accordingly.

1. The lice and scabies treatment guidelines will be followed by the qualified health

care professional, if a physician’s order for the medication administration is

obtained.

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(a) The prescribing physician shall be notified if the inmate is pregnant,

as certain medications are contraindicated for pregnant women. An

alternative topical application must be prescribed in these situations.

(b) Documentation in the medical record should include the patient’s

symptoms, observations regarding the condition, patient education and

prescribed treatment.

2. The inmate’s clothing and linen shall be removed from his/her cell placed in a

plastic bag and sent to the laundry. These items are considered contaminated

and must be disinfected by:

(a) Machine washing (hot cycle), machine drying (hot cycle), dry cleaning or

ironing, or

(b) Storage in a plastic bag for non-washable items for 10-14 days (head lice),

seven days (pubic lice). This method is not recommended for body lice.

disinfected and inmates do not share items.

1. An inmate having poor hygiene should be housed in a single cell

until 24 hours after beginning treatment.

2. Gloves are to be used for direct contact until the inmate has

been treated and the clothing/bedding have been removed for

disinfecting.

3. Cell mates, sexual partners and any personnel having direct hands-on contact

with an infected inmate should be evaluated for prophylactic treatment because

of the long incubation period of the scabies parasite.

715.5 EMPLOYEE EXPOSURE CONTROL

All facility staff that may come in contact with another person’s blood or bodily fluids shall follow

these procedures and guidelines. For the purposes of this policy, contact with blood or bodily fluids

is synonymous with BBP exposure.

All employees shall use the appropriate barrier precautions to prevent skin and mucous membrane

exposure whenever contact with blood or bodily fluid is anticipated. Disposable gloves shall be

worn, if reasonably possible, before making physical contact with any inmate and when handling

the personal belongings of an inmate.

Should gloves come in contact with blood or other bodily fluids, the gloves shall be disposed of

as contaminated waste. Care should be taken to avoid touching other items (e.g., pens, books

and personal items in general) while wearing disposable gloves in a potentially contaminated

environment. All procedures involving blood or other potentially infectious materials shall be done

in a way to minimize splashing, spraying or otherwise generating droplets of those materials.

Eating, drinking, smoking, applying lip balm and handling contact lenses shall be prohibited in

areas where the potential for exposure exists.

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715.5.1 IMMUNIZATIONS

All facility staff members who may be exposed to, or have contact with, a communicable disease

shall be offered appropriate treatment immunization. The ability of staff to provide health care

services is predicated on a safe and secure working environment where employees feel safe to

do their work, and assures public safety.

Staff shall also receive a TB test prior to job assignment and voluntary annual testing thereafter,

at no cost to the employee.

The HBV immunization shall be available to all employees who have direct inmate contact and

who test negative for HBV antibodies. The immunization is voluntary and provided at no cost to

the employee. Employees who decline the offer of immunization and/or test shall be required to

sign a waiver. Employees receiving immunization and testing shall be required to sign a consent

form. Employees may reverse their decision to decline at any time by signing a consent form.

715.5.2 PERSONAL PROTECTIVE EQUIPMENT (PPE)

The PPE is the last line of defense against communicable disease. Therefore, the following

equipment is provided to all personnel to assist in the protection against such exposures:

•

Disposable latex gloves

•

Safety glasses or goggles

•

Rescue mask with a one-way valve

•

Alcohol (or similar substance) to flush skin

The PPE should be inspected at the start of each shift and replaced immediately after each use

and when it becomes damaged.

715.5.3 DECONTAMINATION OF PERSONAL PROTECTIVE EQUIPMENT

After using any reusable PPE, it shall be washed or disinfected and stored appropriately. If it is

not reusable (e.g., disposable gloves), it shall be discarded in a biohazard waste container.

Any PPE that becomes punctured, torn or loses its integrity shall be removed as soon as

reasonably feasible. The employee shall wash up and replace the PPE if the job has not been

terminated. If the situation resulted in a contaminated non-intact skin event, the affected area shall

be decontaminated as described below.

A contaminated reusable PPE that must be transported prior to cleaning shall be placed into a

biohazard waste bag. Gloves shall be worn while handling the biohazard waste bag and during

placement into the biohazard waste container. The gloves shall be included with the waste.

715.5.4 DECONTAMINATION OF SKIN AND MUCOUS MEMBRANES

Personnel shall wash their hands as soon as possible following the removal of potentially

contaminated gloves. Antibacterial soap and warm water or an approved disinfectant shall be

used, paying particular attention to the fingernails.

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If an employee’s intact skin contacts someone else’s blood or body fluids or other potentially

infectious materials, the employee shall immediately wash the exposed part of his/her body

with soap and warm water and/or an approved disinfectant as soon as possible. If the skin

becomes grossly contaminated, body washing shall be followed by an approved hospital strength

disinfectant. If large areas of the employee’s skin are contaminated, the employee shall shower

as soon as reasonably possible, using warm water and soap and/or an approved disinfectant.

Medical treatment should be obtained.

Contaminated non-intact skin (e.g., injured skin, open wound) shall be cleaned using an approved

disinfectant and then dressed or bandaged as required. Medical treatment is required. All hand,

skin and mucous-membrane washing that takes place shall be done in the designated cleaning

or decontamination area. Cleaning shall not be done in the kitchen, bathrooms or other locations

not designated as a cleaning or decontamination area.

715.5.5 DECONTAMINATION OF CLOTHING

Contaminated clothing such as uniforms and undergarments shall be removed as soon as

reasonably feasible and rinsed in cold water to prevent the setting of bloodstains. If the clothing

may be washed in soap and hot water, do so as soon as reasonably possible.

If the clothing must be dry-cleaned, place it into a biohazard waste bag and give it to the ECO. The

ECO will secure a dry cleaner that is capable of cleaning contaminated clothing, and shall inform

the dry cleaner of the potential contamination. The cost of dry cleaning shall be paid according

to labor contract agreements.

Contaminated leather boots shall be brushed and scrubbed with detergent and hot water. If the

contaminant soaked through the boot, the boot shall be discarded and replaced. The cost of

replacement shall be paid according to labor contract agreements.

715.5.6 DECONTAMINATION OF VEHICLES

Contaminated vehicles and components such as the seats, radios and doors, shall be washed with

soap and warm water and disinfected with an approved germicide as soon as reasonably feasible.

715.5.7 DECONTAMINATION OF THE CLEANING AREA

The ECO shall designate a location in the facility that will serve as the area for cleaning/

decontamination. This area is to be used to keep equipment clean and sanitary and for employees

to wash any potential contamination from their bodies. This area is to be thoroughly cleaned after

each use and to be maintained in a clean and sanitary order at all times between each use. The

application of cosmetics, smoking of cigarettes and consumption of food and drink are prohibited

in this area at all times.

715.6 SHARPS AND ITEMS THAT CUT OR PUNCTURE

All personnel shall avoid using or holding sharps (needles) unless they are assisting medical

personnel or collecting them for evidence. Unless required for reasons related to evidence

preservation, employees are not to recap sharps. If recapping is necessary, a one-handed method

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shall be employed to avoid a finger prick. Disposal, when possible, shall be into a puncture-proof

biohazard container.

All sharps and items that cut or puncture (e.g., broken glass, razors and knives) shall be treated

cautiously to avoid cutting, stabbing or puncturing one’s self or any other person. In addition, if

a sharp object contains known or suspected blood or other body fluids, that item is to be treated

as a contaminated item. If the item is not evidence, touching it with the hands shall be avoided.

Rather, use a device such as tongs or a broom and a dustpan to clean up debris. If the material

must be touched, protective gloves shall be worn.

715.7 POST-EXPOSURE REPORTING AND FOLLOW-UP REQUIREMENTS

In actual or suspected employee exposure incidents, proper documentation and follow-up action

must occur to limit potential liabilities and to ensure the best protection and care for the employees.

715.7.1 EMPLOYEE RESPONSIBILITY TO REPORT EXPOSURE

To provide appropriate and timely treatment should exposure occur, all employees shall verbally

report the exposure to their immediate supervisor and complete a written exposure report as soon

as possible following the exposure or suspected exposure. That report shall be submitted to the

employee’s immediate supervisor. Employees should document in the exposure report whether

they would like the person who was the source of the exposure to be tested for communicable

diseases (15 CCR 1206.5(b)(8)).

715.7.2 SUPERVISOR REPORTING REQUIREMENTS

The supervisor on-duty shall investigate every exposure that occurs as soon as possible following

the incident, while gathering the following information:

(a) Name and employee identification number of the employee exposed

(b) Date and time of incident

(d) What potentially infectious materials were involved

(e) Source of material or person

(f) Current location of material or person

(g) Work being done during exposure

(h) How the incident occurred or was caused

(i) PPE in use at the time of the incident

(j) Actions taken post-event (e.g., clean-up, notifications)

The supervisor shall advise the employee of the laws and regulations concerning disclosure of

the identity and infectious status of a source, and of information contained in this policy regarding

source testing.

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If the ECO is unavailable to seek testing of the person who was the source of the exposure, it is

the responsibility of the exposed employee’s supervisor to ensure testing is sought according to

the guidelines in this policy.

715.7.3 MEDICAL CONSULTATION, EVALUATION AND TREATMENT

Any employee who was exposed or who suspects he/she was exposed to HIV or to hepatitis B

or C should be seen by a physician or qualified health care professional as soon as reasonably

possible.

The doctor or qualified health care professional should be given the supervisor’s report and the

employee’s medical records relevant to the visit and examination. The blood of the exposed

employee shall be tested.

The qualified health care professional will provide the ECO and/or the Office’s risk manager with a

written opinion/evaluation of the exposed employee’s medical condition. This opinion should only

contain the following information:

•

If a post-exposure treatment is indicated for the employee.

•

If the employee received a post-exposure treatment.

•

Confirmation that the employee received the evaluation results.

•

Confirmation that the employee was informed of any medical condition that could

result from the exposure incident and whether further treatment or evaluation will be

required.

•

Whether communicable disease testing from the source is warranted, and if so, which

diseases the testing should include.

All other findings or diagnosis shall remain confidential and are not to be included in the written

report.

715.7.4 COUNSELING

The Office shall provide the exposed employee (and his/her family if necessary) the opportunity

for counseling and consultation.

715.7.5 CONFIDENTIALITY OF REPORTS

Most of the information involved in this process must remain confidential. The ECO shall ensure

that all records and reports are kept in the strictest confidence. The ECO shall be responsible for

maintaining records containing the employee’s treatment status and the results of examinations,

medical testing and follow-up procedures.

The Office's risk manager shall be responsible for keeping the name and Social Security number

of the employee and copies of any information provided to the consulting health care professional

on file.

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This information is confidential and shall not be disclosed to anyone without the employee’s written

consent (except as required by law). Test results from persons who may have been the source of

an exposure are to be kept confidential as well (15 CCR 1206.5(b)(5)).

715.7.6 SOURCE TESTING

Testing of a person who was the source of an exposure to a communicable disease should be

sought when it is desired by the exposed employee or when it is otherwise appropriate.

There are five methods to obtain such testing. It is the responsibility of the ECO to ensure the

proper testing and reporting occurs. These methods are:

(a) Obtaining voluntary consent from any person who may be the source of an exposure

to test for any communicable disease.

(b) Filing a report with the county health officer when an employee is exposed to the bodily

fluids of an arrestee. The county health officer may pursue testing for HIV or hepatitis

B or C.

hepatitis C testing.

(d) Seeking a court order when the person who may be the source of an exposure will

not consent to testing and the exposure does not fall under a statutory scheme for

testing. This covers testing for any communicable disease as deemed appropriate by

a qualified health care professional and documented in the request for the court order.

(e) Under certain circumstances, a court may issue a search warrant for testing an adult

when an employee of the Monterey County Sheriff's Office qualifies as a crime victim.

715.7.7 EXPOSURE FROM A NON-INMATE

Upon notification of an employee’s exposure to a non-inmate (e.g., visitor, attorney, volunteer,

vendor) the ECO should attempt to determine if the person who was the source of the exposure

will voluntarily consent to testing. If consent is provided, the following steps should be taken:

(a) A qualified health care professional should notify the person to be tested of the

exposure and make a good faith effort to obtain voluntary informed consent from the

person or his/her authorized legal representative to perform a test for HIV, hepatitis B,

hepatitis C and other communicable diseases the qualified health care professional

deems appropriate.

(b) The voluntary informed consent obtained by the qualified health care professional

must be in writing and include consent for three specimens of blood. The ECO should

document the consent as a supplement to the Exposure Control Report.

employee.

If consent is not obtained, the ECO should promptly consult with the County Counsel and consider

requesting that a court order be sought for appropriate testing.

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Communicable Diseases - 367

715.7.8 EXPOSURE FROM AN INMATE

If the ECO receives notification from an employee of a potential exposure from an inmate, the

ECO should take the following steps:

(a) Seek consent from the person who was the source of the exposure and seek a court

order, if consent is refused.

(b) Take reasonable steps to immediately contact the county health officer and provide

preliminary information regarding the circumstances of the exposure and the status

of the involved individuals to determine whether the county health officer will order

testing.

inmate will occur and whether the testing satisfies the medical needs of the employee.

(d) The results of the tests should be made available to the inmate and the exposed

employee.

Since there is potential for overlap between the two statutory schemes, the ECO is responsible for

coordinating the testing with the county health officer to prevent unnecessary or duplicate testing.

If the exposed employee is not covered by either statutory scheme, the ECO should seek consent

or a court order in the same manner as for a non-inmate.

Policy

716

Monterey County Sheriff's Office

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Aids to Impairment - 368

Aids to Impairment

716.1 PURPOSE AND SCOPE

This policy acknowledges the high priority of inmate health and recognizes that some inmates will

require adaptive devices to assist them with daily living activities on a temporary or permanent

basis.

The Monterey County Sheriff's Office has established this policy for physicians and dentists to

review and evaluate the need for adaptive devices, while considering facility security concerns

regarding the use of such items.

When a physician or dentist determines that the medical condition of an inmate indicates

that an adaptive device is clinically appropriate, the parameters of this policy will determine

if authorization for the use of such items during incarceration should be granted, and if any

equipment modifications are indicated for safety or security purposes.

716.1.1 DEFINITIONS

Definitions related to this policy include:

Adaptive device - Any orthotic, prosthetic or aid to impairment that is designed to assist an inmate

with the activities of daily living or that is clinically appropriate for health, as determined by the

Responsible Physician or dentist.

Aids to impairment - Includes, but is not limited to, eyeglasses, hearing aids, pacemakers, canes,

crutches, walkers and wheelchairs .

Orthoses - Specialized mechanical devices, such as braces, shoe inserts or hand splints that are

used to support or supplement weakened or abnormal joints, limbs and/or soft tissue.

Prostheses - Artificial devices designed and used to replace missing body parts, such as limbs,

teeth or eyes.

716.2 POLICY

It is the policy of the Office that, in accordance with security and safety concerns, medical and

dental orthoses or prostheses and other adaptive devices should be permitted or supplied in a

timely manner when the health of the inmate would otherwise be adversely affected or when such

devices are necessary to reasonably accommodate a disability recognized under the American

with Disabilities Act (ADA) (42 USC § 12101 et seq.), as determined by the Responsible Physician

or dentist (15 CCR 1206(d); 15 CCR 1207).

716.3 FACILITY-OWNED MEDICAL EQUIPMENT

All adaptive devices belonging to the Office shall be marked and numbered, identifying them as

office property.

(a) A medical equipment inventory form shall be completed by the intake deputy for all

medical equipment issued to the inmate, regardless of who owns the property.

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Aids to Impairment - 369

(b) Upon the release of an inmate, the releasing deputy shall review the medical

equipment issued to the inmate and contact the medical clinic for instructions

regarding any office-owned adaptive device.

716.4 MEDICAL OR DENTAL ORTHOSES, PROSTHESES, OR ADAPTIVE DEVICES

The following applies to inmates with any orthopedic or prosthetic devices (Penal Code § 2656):

(a) An inmate shall not be deprived of the possession or use of any orthopedic,

orthodontic, or prosthetic device that has been prescribed or recommended and fitted

by a physician or dentist (see the following exception).

(b) Any such device that may constitute an immediate risk of bodily harm to any person in

the facility or that threatens the security of the facility should be brought to the attention

of the Chief Deputy. If the Chief Deputy has probable cause to believe such a device

constitutes an immediate risk of bodily harm to any person in the facility or threatens

the security of the facility, the Chief Deputy may remove the device and place it in the

inmate’s property.

the cause for removal no longer exists.

(d) The Chief Deputy shall have the inmate examined by a physician within 24 hours after

a device is removed.

(e) The Chief Deputy should review the facts with the ADA Coordinator and shall address

the issue in conjunction with the Inmates with Disabilities Policy.

(f) The physician shall inform the inmate and the Chief Deputy if the removal is or will be

injurious to the health or safety of the inmate. When the Chief Deputy is so informed

but still does not return the device, the Chief Deputy shall inform the physician and

the inmate of the reasons and promptly provide the inmate with a form, as specified

in Penal Code § 2656, by which the inmate may petition the Superior Court for return

of the appliance. The Chief Deputy shall promptly file the form with the Superior

Court after it is signed by the inmate. The Chief Deputy should consider the following

alternatives to removal of the device:

1. Reclassifying the inmate to another housing unit or administratively segregating

the inmate from the general population.

2. With physician or dentist approval, modify the adaptive device to meet the

medical needs of the inmate and the safety and security needs of the facility.

Once an adaptive device has been approved for use, the qualified health care professional shall

enter the authorization into the inmate’s health file. If the inmate requires special housing, the

qualified health care professional shall document this in writing and notify custody or classification

personnel appropriately. The qualified health care professional shall document the general

condition of the prosthesis and have the inmate sign in the medical record that he/she received

the prosthesis.

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Aids to Impairment - 370

Any prostheses that are brought to the facility by family members or others after the inmate has

been incarcerated shall be subject to a security check. The facility shall accept no responsibility

for loss or damage to any adaptive device.

716.5 REQUESTS FOR MEDICAL AND DENTAL PROSTHESES

All requests for new or replacement medical or dental prostheses shall be individually evaluated

by the Responsible Physician or dentist and reviewed for approval by the Chief Deputy.

Considerations for approval shall be based upon:

• Medical needs of the inmate.

• The anticipated length of incarceration.

• The safety and security of the facility.

Policy

717

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Published with permission by Monterey County Sheriff's Office

Detoxification and Withdrawal - 371

Detoxification and Withdrawal

717.1 PURPOSE AND SCOPE

Significant percentages of inmates have a history of alcohol and/or drug abuse. Newly

incarcerated individuals may enter the facility while under the influence of a substance or they may

develop symptoms of alcohol or drug withdrawal. This policy is intended to ensure that the staff

is able to recognize the symptoms of intoxication and withdrawal from alcohol or drugs, and that

those inmates who are intoxicated or experiencing withdrawal are provided appropriate medical

treatment.

This policy also identifies protocols to be used by qualified health care professionals. These

protocols are appropriate for inmates who are under the influence of alcohol or drugs or who are

experiencing withdrawal from any type of substance abuse.

717.1.1 DEFINITIONS

Definitions related to this policy include:

Alcohol withdrawal - A medical condition characterized by physiological changes that occur

when alcohol intake is discontinued in an individual who is addicted to alcohol.

Detoxification - The process by which an individual is gradually withdrawn from drugs by the

administration of decreasing doses of the drug on which the person is physiologically dependent,

or a drug that is cross-tolerant to the dependent drug, or a drug that medical research has

demonstrated to be effective in detoxifying the individual from the dependent drug.

717.2 POLICY

Withdrawal from alcohol or drugs can be a life-threatening medical condition requiring professional

medical intervention. It is the policy of this office to provide proper medical care to inmates who

suffer from drug or alcohol overdose or withdrawal.

To lessen the risk of a life-threatening medical emergency and to promote the safety and security of

all persons in the facility, staff shall respond promptly to medical symptoms presented by inmates.

The Responsible Physician shall develop written medical protocols on detoxification symptoms

necessitating immediate transfer of the inmate to a hospital or other medical facility, and

procedures to follow if care within the facility should be undertaken (15 CCR 1213).

Inmates who are booked into the facility who are participating in a narcotic treatment program

shall, with the approval of the director of the program, be entitled to continue in the program until

conviction (Health and Safety Code § 11222).

717.3 STAFF RESPONSIBILITY

Staff should remain alert to signs of drug and alcohol overdose and withdrawal. These symptoms

include, but are not limited to, sweating, nausea, abdominal cramps, anxiety, agitation, tremors,

hallucinations, rapid breathing and generalized aches and pains. Any staff member who suspects

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Detoxification and Withdrawal

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Detoxification and Withdrawal - 372

that an inmate may be suffering from overdose or experiencing withdrawal symptoms shall

promptly notify the Shift Commander, who shall ensure that a qualified health care professional

is promptly notified.

717.4 MEDICAL STAFF RESPONSIBILITY

The qualified health care professional will evaluate the inmate using approved protocols in order

to determine the most appropriate care plan, which will be based on the patient's history, current

physical status and treatment needs. Any patient who cannot be safely treated in the facility will

be referred to an appropriate treatment facility off-site.

717.5 PROCEDURE

Inmates who are observed experiencing severe, life-threatening intoxication (overdose) or

withdrawal symptoms will be promptly seen by a physician or referred to an off-site emergency

facility for treatment. Detoxification shall be conducted under medical supervision at the facility or

in a hospital or community detoxification center under appropriate security conditions.

If the qualified health care professional determines that an inmate is at risk for progression to

a more severe level of withdrawal, the inmate will be appropriately housed in an area where

he/she can be kept under constant observation by qualified health care professionals or trained

correctional staff.

717.6 WITHDRAWAL AND DETOXIFICATION PROTOCOLS

Protocols are available to the qualified health care professionals to guide the care and treatment of

individuals who are intoxicated or experiencing drug and/or alcohol withdrawal. These protocols,

which have been developed and approved by the Responsible Physician, fall within nationally

accepted guidelines and are reviewed annually.

When dealing with inmates who are in a custody situation, qualified health care professionals shall

utilize detoxification protocols in accordance with local, state and federal laws.

No direct supervision is required at the time of identifying and initiating care. Overall supervision

is provided by the Responsible Physician. Qualified health care professionals shall evaluate and

provide care to patients utilizing written procedures and/or physician orders.

717.7 ALCOHOL WITHDRAWAL SYMPTOMS CHART

The following chart describes typical symptoms of mild, moderate and severe withdrawal. It is to

be used as a guide for determining when to refer inmates to a qualified health care professional.

Not all symptoms are always present.

MILD MODERATE SEVERE (Delirium

Tremens)

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Detoxification and Withdrawal

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Detoxification and Withdrawal - 373

ANXIETY Mild restlessness and

anxiety

Obvious motor

restlessness

Extreme restlessness

and agitation with

appearance of intense

fear is common

APPETITE Impaired appetite Marked anorexia Often rejects all food and

fluid except alcohol

BLOOD PRESSURE Normal or slightly

elevated systolic

Usually elevated systolic Elevated systolic and

diastolic

CONFUSION Oriented, no confusion Variable confusion Marked confusion and

disorientation

CONVULSIONS No May occur Severe convulsions are

common

HALLUCINATIONS No hallucinations Often vague, transient,

visual and auditory

hallucinations and

delusions, often with

insight, often occurring

only at night

Visual and occasional

auditory hallucinations,

usually of fearful

or threatening content.

Misidentification of

persons and frightening

delusions relating to

hallucinatory experiences

MOTOR CONTROL Inner "shaky" Visible tremulousness Gross uncontrollable

shaking

NAUSEA Nausea Nausea and vomiting Dry heaves and vomiting

PULSE Tachycardia Pulse 100-120 Pulse 120-140

SLEEP Marked insomnia and

nightmares

Total wakefulness

SWEATING Restless sleep or

insomnia

Obvious Extreme

Policy

719

Monterey County Sheriff's Office

Monterey County SO Custody Manual

Published with permission by Monterey County Sheriff's Office

Clinical Performance Enhancement - 374

Clinical Performance Enhancement

719.1 PURPOSE AND SCOPE

This office recognizes the importance of ensuring that qualified health care professionals are

competent in their clinical skills and that the clinical performance enhancement review addresses

areas in need of improvement.

719.1.1 DEFINITIONS

Definitions related to this policy include:

Clinical performance enhancement review - The process of having a qualified health care

professional's work reviewed by another professional (peer review) of at least equal training in the

same general discipline, e.g., review of the facility's physicians by the Responsible Physician.

Independent review - The assessment of a qualified health care professional's compliance with

discipline-specific and community standards. The review is an analysis of a practitioner's clinical

practice. This review may be conducted by someone who may or may not be directly employed

by the institution. However, if the review was prompted by an inmate complaint, the reviewing

practitioner must not have been previously involved in the care of that inmate.

719.2 POLICY

It is the policy of this office to conduct a biannual peer review of all qualified health care

professionals. The clinical performance enhancement review process is neither an annual

performance review nor a clinical case conference process. It is a professional review focused on

the qualified health care professional's clinical skills. Its purpose is to enhance competence and

address areas in need of improvement.

An immediate peer review may be authorized by the Responsible Physician if serious problems

of practice arise with a specific qualified health care professional.

719.3 COMPONENTS OF THE CLINICAL PERFORMANCE ENHANCEMENT

The clinical performance enhancement review process is to be conducted biannually on all

qualified health care professionals. The result of these reviews shall be kept confidential.

Documentation from the review shall include:

• Name of the individual being reviewed.

• Date of the review.

• Name and credentials of the reviewer.

• Confirmation that the review was shared with the qualified health care professional.

• Summary of findings and corrective action, if any.

If a clinical performance enhancement review identifies a serious concern, the Responsible

Physician shall implement an independent review by someone who is not directly employed by

Monterey County Sheriff's Office

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Clinical Performance Enhancement - 375

this office. The result of this review shall be shared with the appropriate health care service by the

Responsible Physician, and a plan of correction shall be implemented.

The Responsible Physician will keep a log of clinical performance enhancement reviews of all

qualified health care professionals to ensure compliance with this policy.

719.4 HEALTH CARE COMPLAINTS

The Chief Deputy, in cooperation with the Responsible Physician, shall be responsible for

developing and implementing a process by which inmates may submit complaints about the health

care services they have received. There shall also be a means of collecting and analyzing the

observations of other qualified health care professionals, correctional staff or other nonmedical

staff regarding the delivery of health care services.

The Responsible Physician shall convene a panel of independent physicians to review the practice

of the physician about whom complaints or observations have been made. The Responsible

Physician shall take appropriate action at the recommendation of the panel.

719.5 RECORDS

All clinical performance enhancement review reports and complaint investigations shall be

considered confidential. The contents of such files shall not be revealed to other than the involved

employee or authorized personnel, except pursuant to lawful process or as otherwise authorized

or required by statute.

Policy

720

Monterey County Sheriff's Office

Monterey County SO Custody Manual

Published with permission by Monterey County Sheriff's Office

Clinical Decisions - 376

Clinical Decisions

720.1 PURPOSE AND SCOPE

This policy recognizes that a coordinated effort between the Responsible Physician and the Chief

Deputy is needed to ensure an adequate health care system. It emphasizes the importance of

clinical decisions being the sole responsibility of the qualified health care professional.

720.1.1 DEFINITIONS

Definitions related to this policy include:

Clinical decisions - The process of formulating a differential diagnosis with information gathered

from an inmate's medical history and physical and mental examinations, developing a list of

possible causes and ordering tests to help refine the list or identify a specific disease.

Differential diagnosis - A systematic method of identifying unknowns or diagnosing a specific

disease using a set of symptoms and testing as a process of elimination.

720.2 POLICY

Clinical decisions and actions regarding inmate health care are the sole responsibility of qualified

health care professionals and should not be countermanded by others. The Responsible Physician

shall be responsible for arranging for appropriate health resources and for determining what

services are needed. The Chief Deputy or the authorized designee shall be responsible for

providing the custodial support to ensure a safe and secure environment for the delivery of the

services and its accessibility to the inmates (15 CCR 1200(a); 15 CCR 1206(k)).

720.3 MEDICAL AUTONOMY

Clinical decisions shall be made only after a thorough evaluation of the patient's complaint and

physical or mental condition. The implementation of clinical decisions is to be completed in an

effective and safe manner that does not violate the security regulations of the facility.

720.4 PROBLEM RESOLUTION

Any issues arising because of the clinical decision process shall be reviewed under the provisions

of the Continuous Quality Improvement Policy using medical records, grievances, staff complaints

and any other relevant data.

Policy

721

Monterey County Sheriff's Office

Monterey County SO Custody Manual

Published with permission by Monterey County Sheriff's Office

Health-Trained Custody Staff - 377

Health-Trained Custody Staff

721.1 PURPOSE AND SCOPE

The purpose of this policy is to establish a process for inmates to access 24–hour health care

services in the event that a qualified health care professional is not on-site.

721.2 POLICY

It is the policy of this office that a designated health-trained staff member shall be responsible for

coordinating the delivery of health care services in the facility any time that qualified health care

professionals are not available on-site (15 CCR 1028). Additionally, in facilities that do not have

full-time qualified health care professionals, the Chief Deputy shall appoint a staff member to act

as a liaison to coordinate health care delivery in the facility under the direction of the Responsible

Physician.

721.3 DUTIES OF THE HEALTH-TRAINED STAFF

The Chief Deputy or the authorized designee, in coordination with the Responsible Physician,

shall be responsible for developing a job description for health-trained staff positions. Designated

health-trained staff shall be responsible for:

•

Reviewing the screening forms completed during the booking process for any follow-

up care needed.

•

Managing triage of health care requests.

•

Preparing inmates and their medical records for sick call.

•

Assisting with the implementation of orders regarding diets, housing and work

assignments.

721.4 TRAINING

The Chief Deputy, Training Sergeant and the Responsible Physician shall be jointly responsible

for developing a training curriculum for the health-trained staff positions and for the delivery of

that training, which shall include:

•

Instruction on proper action in the case of a medical emergency.

•

Documentation requirements.

•

Appropriate triage of health care requests and follow-up.

•

Confidentiality of health information.

721.5 UNREASONABLE BARRIERS

No member of the Monterey County Sheriff's Office correctional facility shall create unreasonable

barriers to an inmate’s access to health care services. The following are examples of conduct that

are likely to create unreasonable barriers and are prohibited:

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(a) Punishing inmates for seeking care for their serious health needs.

(b) Deterring inmates from seeking care for their serious health needs by scheduling sick

call at unreasonable times.

Policy

722

Monterey County Sheriff's Office

Monterey County SO Custody Manual

Published with permission by Monterey County Sheriff's Office

Licensure, Certification, and Registration

Requirements - 379

Licensure, Certification, and Registration

Requirements

722.1 PURPOSE AND SCOPE

The purpose of this policy is to recognize that inmates are entitled to health care services that

are provided by qualified health care professionals working within the scope of their respective

licensure, certification, registration, and training. This policy also establishes a credentials

verification process.

722.1.1 DEFINITIONS

Direct order - A written order issued by a qualified health care professional specifically for the

treatment of an inmate's particular condition.

Qualified health care professionals - Physicians, physician assistants, nurses, nurse

practitioners, dentists, mental health professionals and others who, by virtue of their education,

credentials and experience, are permitted by law to evaluate and care for patients.

Standing order - A written order for the definitive treatment of identified conditions and for the

on-site emergency treatment of any person having such condition.

722.2 POLICY

It is the policy of this office that all qualified health care professionals who provide health care

services to inmates meet the same standards as those working in the community, including

required licenses, certifications, and restrictions, including those defining the recognized scope

of practice specific to the profession (15 CCR 1203). Job descriptions shall include minimum

qualifications and specific duties and responsibilities, and shall be approved by the Responsible

Physician.

The current credentials and job descriptions for all qualified health care professionals are on file

at the facility and retained in accordance with established records retention schedules.

Any health care provided to inmates at the facility that is not provided by a physician is provided

in accordance with a standing order or direct order issued by personnel qualified under governing

laws to give such orders (15 CCR 1203; 15 CCR 1204).

722.3 CREDENTIALING AND FILE MAINTENANCE

A completed file of current licenses, certifications, registration, reference checks, and applications

shall be maintained by the Office Department of Human Resources and by the Responsible

Physician or the authorized designee at this facility.

(a) The Responsible Physician or the authorized designee should obtain confirmation

of current licensure, certification, and registration prior to making any offer of

employment.

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Licensure, Certification, and Registration Requirements

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Licensure, Certification, and Registration

Requirements - 380

(b) Inquiries into any sanctions or disciplinary actions of state boards, employers, and

the U.S. Department of Health and Human Services’ National Practitioner Data Bank

should be conducted prior to making any offer of employment.

investigation. Employment references may be obtained via mail or over the telephone

with documentation.

(d) Each employee should be held responsible for providing renewal verification of

licenses, certificates, and registration prior to the expiration date.

(e) Any group or individual providing health care services must complete the credentialing

process that is appropriate for their profession and must provide the facility a copy

of current licensure and, when appropriate, a Drug Enforcement Administration

certificate to prescribe controlled substances.

(f) To be eligible for hire, all clinical health care personnel must possess and maintain

a current CPR certification and provide documentation to the Responsible Physician

or the authorized designee.

722.4 STUDENTS AND/OR INTERNS

If the health care services provided to an inmate are performed by any intern, resident, or student

who is authorized to provide specific health care services as part of a formal medical training

program, the individuals in training will work under the control and supervision of a qualified health

care professional. Assigned tasks shall be commensurate with the intern, student, or resident’s

level of training.

There shall be a written agreement between the facility and the entity sponsoring the training

program that covers the scope of work, duration of the agreement, and any legal or liability issues.

Any student, intern, or resident working in the facility shall participate in a facility orientation

that includes but is not limited to topics such as fire safety, facility security, items considered

contraband, and inmate culture.

All students, interns, or residents shall be required to agree in writing to abide by all facility policies,

including those relating to hostages, facility security, and the confidentiality of information.

All training provided, written agreements, and/or contracts shall be maintained in the intern,

resident, or student’s file by the Responsible Physician or the authorized designee in accordance

with established records retention schedules.

Policy

723

Monterey County Sheriff's Office

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Published with permission by Monterey County Sheriff's Office

Inmate Death - Clinical Care Review

Procedure - 381

Inmate Death - Clinical Care Review Procedure

723.1 PURPOSE AND SCOPE

The purpose of this policy is to establish the actions and notifications required in the event of an

in-custody death and the medical care received by the inmate. The policy requires that a review

of all in-custody deaths be conducted to assess the appropriateness of the clinical care provided

and the effectiveness of the facility's policies and procedures.

723.1.1 DEFINITIONS

Definitions related to this policy include:

Administrative review - An assessment of the facility's emergency response actions surrounding

the death of an inmate. The purpose of the administrative review is to identify areas where

operations, policies and procedures may be improved.

Clinical mortality review (CMR) - An assessment of the medical condition of the inmate prior

to treatment, the clinical care provided by contractors and the circumstances of the death. The

purpose of the CMR is to identify areas of patient care or system policies and procedures that

may be improved.

Psychological autopsy - A written reconstruction of an inmate's life with an emphasis on factors

that may have contributed to his/her death. This is sometimes referred to as a psychological

reconstruction and is usually conducted by a psychologist or other qualified mental health care

professional.

723.2 POLICY

It is the policy of this office that all in-custody deaths are reviewed to determine the appropriateness

of the clinical care provided, to determine whether existing policies are appropriate or if revision

is necessary and to identify any other issues associated with the circumstances of the death. A

postmortem examination should be performed according to the laws of the jurisdiction if the cause

of death is unknown, if the death occurred under suspicious circumstances or if the inmate was

not under current medical care (15 CCR 1046(a)).

723.3 NOTIFICATIONS

In the event of an in-custody death, all authorities with jurisdiction, including the Coroner or the

authorized designee shall immediately be notified by the Chief Deputy or the authorized designee

at the time of death.

The Responsible Physician should also be notified and should coordinate with the Chief Deputy,

who will be responsible for notifying his/her chain of command regarding all medical issues

surrounding the in-custody death.

Information regarding the individual designated by the deceased inmate for notification should

be provided to the Coroner or the authorized designee, who is charged with the responsibility of

making such notifications.

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Inmate Death - Clinical Care Review

Procedure - 382

723.4 DOCUMENTATION

The qualified health care professional on-duty at the time of the in-custody death shall ensure that

all witnessed facts concerning the death are documented on the inmate's health record. Written

documentation should include, but is not limited to, the time of death, the preceding circumstances

surrounding the death, nature of the death, treatment rendered and who was notified of the death

and by whom.

The Responsible Physician should initiate a death report and document it in accordance with the

Continuous Quality Improvement Policy.

723.5 CLOSING THE MEDICAL RECORD

The Responsible Physician should review the inmate's health record to ensure appropriate entries

have been made, and within 24 hours of the death have the original and a complete copy of the

medical record made and delivered as follows (see the Reporting Inmate Deaths Policy):

(a) Seal the original in an envelope and retain in the custody of the Responsible Physician.

(b) Send the copy to the facility for inclusion into the inmate file and retain in accordance

with established records retention schedules.

723.6 DEATH BY SUICIDE

In the event of a suspected inmate suicide, the qualified health care professional shall make a

report within 24 hours to the Responsible Physician containing:

(a) The inmate's known mental health history.

(b) The most recent known mental health treatment.

A psychological autopsy should be conducted by a qualified mental health care professional if the

cause of death is determined to be a suicide.

The initial CMR should be conducted by the Responsible Physician and, if available, a mental

health care professional. The CMR should be finalized within 30 days by the Responsible

Physician. The findings should be shared with the treating staff.

723.7 DEATH REVIEW

All deaths should be reviewed within 30 days. The review shall consist of an administrative review,

a CMR and a psychological autopsy if the death was by suicide.

Treating staff shall be informed of the CMR and the administrative review findings at the quarterly

continuous quality improvement meeting.

Corrective actions identified through the CMR should be implemented and monitored in

accordance with the Continuous Quality Improvement Policy for systemic issues and the Inmate

Safety Policy for staff-related issues.

Monterey County Sheriff's Office

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Inmate Death - Clinical Care Review Procedure

Published with permission by Monterey County Sheriff's Office

Inmate Death - Clinical Care Review

Procedure - 383

Policy

724

Monterey County Sheriff's Office

Monterey County SO Custody Manual

Published with permission by Monterey County Sheriff's Office

Nursing Assessment Protocols - 384

Nursing Assessment Protocols

724.1 PURPOSE AND SCOPE

The purpose of this policy is to establish standards for evaluating and treating inmates with medical

issues that are easily and effectively treated or triaged by nursing personnel who have been

properly trained in the use of nursing assessment protocols.

724.1.1 DEFINITIONS

Definitions related to this policy include:

Nursing assessment protocols - Written instructions or guidelines that specify the steps to be

taken in evaluating an inmate's health status and providing medical treatment. Protocols may

include first-aid procedures for the identification and care of ailments that ordinarily would be

treated with over-the-counter (OTC) medication or through self-care. These protocols also may

address more serious symptoms, such as chest pain, shortness of breath or intoxication. The

protocols provide a sequence of steps to evaluate and stabilize an inmate until a qualified health

care professional is contacted and orders for further care are received.

724.2 POLICY

It is the policy of this office that medical care performed by personnel other than a physician shall

be performed pursuant to a written protocol or order of the Responsible Physician.

724.3 PROTOCOL DEVELOPMENT AND AUTHORIZATION

The facility's Responsible Physician or the authorized designee shall develop, review and

authorize all nursing protocols used for the treatment of inmates, and shall develop, deliver

or procure appropriate training for the nurses on their use. Each nursing assessment protocol

will have a signed declaration indicating it has been reviewed and approved by the nursing

administrator and the Responsible Physician.

The protocols developed shall be appropriate for the training and experience of the health care

services staff members who will deliver the services. Each protocol shall comply with the standards

of practice for the level of care the health care services staff members are authorized to provide.

The protocols shall only include the use of OTC medications.

The Responsible Physician shall review the nursing assessment annually, revising as necessary

and dating and signing approved protocols (15 CCR 1204).

724.4 TRAINING

Nurses will be trained and approved in the nursing assessment protocols prior to their use. The

training shall be documented and should include:

(a) Evidence that new nurses have been trained.

(b) Demonstration of knowledge and skills.

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(d) Evidence of retraining when protocols are introduced or revised.

724.5 AUTHORIZED USE OF PROTOCOLS

Nursing staff may use a nursing assessment protocol only after they have been trained and

authorized by the Responsible Physician. Nursing assessment protocols shall only be used after

a nurse fully evaluates the inmate's complaint and the inmate's condition meets the appropriate

criteria.

Inmates may only be treated using a nursing protocol for the same condition on two consecutive

visits. If the inmate requests service for the same condition a third time, the inmate should be

referred to a physician's assistant, nurse practitioner, registered nurse or physician.

The assessment protocols only include the use of OTC medication. When OTCs are administered

per the protocol, they do not require the signature of a physician. However, the order and the

administration of the medication shall be documented on the medication administration record.

A registered nurse (RN) is considered the minimum certification level required to independently

initiate medical treatment. The RN must be present to physically assess the inmate; an

assessment cannot be done via telephone or electronically.

Licensed vocational nurses (LVNs) are generally prohibited from independently initiating any

standardized protocol. Under very specific circumstances (e.g., early detoxification, a history of

a seizure disorder), it may be acceptable for an LVN to initiate a standing order following a

telephone consultation with a physician, physician's assistant, psychiatrist, dentist or other person

who meets the minimum certification level to initiate such orders. Under these circumstances, it

is essential that the inmate be personally evaluated within 24 hours by a physician's assistant,

nurse practitioner, registered nurse or physician.

Nursing assessment protocols shall not include the administration of any prescription medication,

with the exception of protocols addressing an emergency or a life-threatening situation. Treatment

with prescription medication may only be initiated upon a written or verbal order from a physician,

physician's assistant, psychiatrist, dentist or other person who is licensed to dispense medication

in the state, either independently or under the supervision of a physician.

Policy

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Infirmary Care

725.1 PURPOSE AND SCOPE

This policy recognizes that some inmates will need care for an illness or diagnosis that requires

daily monitoring, daily medication and/or therapy, or assistance with daily activities at a level that

requires skilled nursing intervention. Such inmates are best served in an area expressly designed

and operated for providing medical care in close proximity to qualified health care professionals.

725.1.1 DEFINITIONS

Definitions related to this policy include:

Infirmary - An area specifically designed and operated for providing medical care to inmates who

need skilled nursing care for a period of 24 hours or more. It is expressly intended for inmates

who do not need hospitalization or placement in a licensed nursing facility, but whose care cannot

be managed safely in an outpatient setting. It is not the area itself but the scope of care provided

that makes the bed an infirmary bed.

Infirmary care - Care provided to patients with an illness or diagnosis that requires daily

monitoring, medication and/or therapy, or assistance with daily activities at a level requiring skilled

nursing intervention.

Within sight or sound of a qualified health care professional - The patient can gain the

professional's attention through visual or auditory signals.

725.2 POLICY

It is the policy of this office that infirmary care is provided when appropriate to meet the serious

medical needs of inmates. The Responsible Physician shall be responsible for developing and

maintaining an infirmary manual, that shall be available in the infirmary. The infirmary manual shall

include, but is not limited to:

• Nursing care procedures.

• A definition of the scope of infirmary care services available.

• Provisions for a physician to be on-call or available 24 hours a day.

• Guidelines regarding the availability of health care personnel, who shall be on-duty

24 hours a day when inmates are present and shall have access to a physician or

registered nurse.

• Provisions ensuring that all inmates are within sight or sound of a staff member.

• Provisions for an infirmary record that is separate from the complete medical record

of the inmate.

• Requirements for compliance with applicable state statues and local licensing.

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Admission to and discharge from the infirmary shall be controlled by medical orders or protocols

issued by a qualified health care professional after a clinical evaluation and the establishment of

a treatment plan.

725.3 DOCUMENTATION REQUIREMENTS FOR INFIRMARY PATIENTS

A complete inpatient health record shall be kept for each inmate housed in the infirmary and should

include:

• The admitting order that includes the admitting diagnosis, medications, diet, activity

restrictions, diagnostic tests required and frequency of vital sign monitoring and other

follow-up.

• Complete documentation of the care and treatment given.

• The medication administration record.

• A discharge plan and discharge notes.

725.4 INFIRMARY REQUIREMENTS

Inmates in the infirmary shall have access to operable washbasins with hot and cold running water

at a minimum ratio of one basin for every 12 inmates, unless state or local building or health codes

specify differently. Sufficient bathing facilities shall be provided in the infirmary to allow inmates

to bathe daily. At least one bathing facility shall be configured and equipped to accommodate

inmates who have physical impairments or who need assistance to bathe. Water for bathing is

thermostatically controlled to temperatures ranging from 100 to 120 degrees.

Inmates in the infirmary shall have access to toilets and hand-washing facilities 24 hours a day

and can use the toilet without staff assistance. Toilets are provided at a minimum ratio of one for

every 12 inmates in the male infirmary and one for every eight inmates in the female infirmary.

Urinals may be substituted for up to one-half of the toilets in the male infirmary. All housing units

with three or more inmates shall have a minimum of two toilets.

Policy

726

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Medical Equipment and Supply Control

726.1 PURPOSE AND SCOPE

This policy outlines the control and inventory process to be utilized in accounting for all medical

equipment and supplies. Medical equipment and supplies can pose a hazard for both the inmate

population and the staff. Unauthorized possession of medical equipment and supplies constitutes

possession of contraband. Unauthorized use of medical equipment and supplies violates inmate

rules detailed in the inmate handbook. Since it is necessary to have a well-stocked medical space

within the secure perimeter of the facility, there must be a plan to ensure that equipment and

medical supplies are accounted for and tightly controlled.

726.2 POLICY

It is the policy of this office that all medical equipment, including sharps, dental instruments,

needles and other items must be tightly controlled so they cannot be used as weapons or to

facilitate the injection of drugs or other substances. Additionally, these tools and supplies must be

controlled to prevent exposure to biohazards.

726.3 STAFF RESPONSIBILITIES

It is the responsibility of the Chief Deputy to ensure that the inmate handbook clearly defines the

unauthorized possession and/or use of medical equipment and supplies as a rule violation that

may result in discipline.

The Responsible Physician or the authorized designee shall create and maintain an inventory log

for all medical equipment and supplies. This log will be utilized by medical personnel who work

within the facility to track and control medical equipment and supplies. When not in use, all medical

equipment and supplies shall be stored in a secure manner to prevent unauthorized access.

At the beginning of each shift, the qualified health care professional shall inventory the medical

supplies and equipment within their control. Any time a disposable item is used, the log shall reflect

its use and disposal. At the end of each shift, the qualified health care professional will conduct

another inventory using the supply and equipment log, and reconcile any disposable supplies

used during their shift.

If there is a discrepancy that indicates that medical supplies or equipment are missing, the Shift

Commander shall be immediately notified. The Shift Commander shall initiate a search for the

missing supplies and/or equipment. The Shift Commander shall document the incident and any

actions taken and provide the Chief Deputy with a complete report.

Policy

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Continuity of Care

727.1 PURPOSE AND SCOPE

The purpose of this policy is to establish and maintain a proactive health system in the facility

that fosters the continuation of health care needs that, if discontinued, would have a negative

effect on the health of the inmate. The sole objective is to maintain or improve the health of the

inmates. This policy is intended to ensure that inmates receive health services in keeping with

current community standards as ordered by qualified health care professionals.

727.2 POLICY

It is the policy of this office that all inmates shall have access to the continuation of care for a

health issue, provided the treatment plan meets community standards. The inmate's health care

needs will be assessed by qualified health care professionals and continued as determined or

referred after release (15 CCR 1206.5(a); 15 CCR 1210).

727.3 CONTINUATION OF CARE

The Chief Deputy is responsible for coordinating with the Responsible Physician to ensure that all

inmates receive appropriate health care, including, but not limited to:

(a) Newly booked inmates shall have a medical screening as part of the booking and

classification process. This screening includes documentation of acute or chronic

health issues or conditions, existing injuries and medications or treatments the inmate

is currently receiving.

1. Any prior jail health records, including those from other facilities, should be

reviewed.

2. Current medications will be verified and continued as deemed appropriate by

the Responsible Physician or the authorized designee.

(b) A health assessment is completed on or before the 14th day of continuous

incarceration.

may vary but should include, at a minimum:

1. The frequency of follow-up for medical evaluation and adjustment of treatment

modality.

2. The type and frequency of diagnostic testing and therapeutic regimens.

3. When appropriate, instructions about diet, exercise, medication and adaptation

to the correctional environment.

4. Custody staff is informed of the treatment plan when necessary to ensure

coordination and cooperation in the ongoing care of the inmate.

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(d) Reasonable effort should be made to obtain information and records relating to

previous health care professionals, with the consent of the inmate, if the inmate is

currently under medical care.

(e) Upon transfer to another facility, a medical discharge summary of the inmate's current

condition, medications and treatment plan will be forwarded in a sealed envelope (to

maintain confidentiality) to the receiving facility.

(f) Response to requests for health information from medical facilities and health care

professionals, with the inmate's written consent.

(g) When inmates are sent out of the facility for emergency or specialty medical treatment,

written information regarding the inmate's reason for transfer, pertinent medical

problems and list of current medications should be sent with the inmate and may

be given to those providing care upon request. The name and telephone number

of a contact person the medical facility can call should be included with the patient

health information. Upon the inmate's return to the facility, treatment recommendations

should be reviewed by the Responsible Physician or the authorized designee and

appropriate plans should be made for continuing care in the facility based on the

treating facility's diagnosis, recommended medications and other treatment.

(h) Upon release from the facility, inmates should be given written instructions for the

continuation of care including, but not limited to:

1. The name and contact information of health care facilities for follow-up

appointments.

2. Prescriptions and/or an adequate supply of medication for those with chronic

medical or psychiatric conditions.

Policy

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Continuous Quality Improvement

728.1 PURPOSE AND SCOPE

The purpose of this policy is to establish a Continuous Quality Improvement (CQI) process of

health care review in an effort to identify improvement needs in policies, processes or staff

actions, and to develop and implement better health care strategies to improve the processes and

outcomes of the health care services delivered at this facility.

728.2 POLICY

It is the policy of this office that an internal review and CQI process for inmate health care delivery

and outcomes is developed and maintained, measurable goals and objectives are established and

reviewed annually, and that the process itself is periodically reviewed and updated as needed. The

process should be supervised by the Responsible Physician. The data evaluated should result in

more effective access to services, an improved quality of care and a better utilization of resources.

728.3 CQI TECHNIQUES AND MONITORING

The CQI process may be applied to any aspect of health care delivery and health service

outcomes, including, but not limited to, monitoring and reviewing the following:

•

Quality of the medical charts, by the Responsible Physician or the authorized designee

•

Investigations of complaints and grievances

•

Corrective action plans and plan outcomes

•

Deaths in custody, suicide attempts, sentinel events, and incident and management

of serious communicable disease outbreaks

•

Plans for employee education and training, using investigation findings

•

Records of internal review activities

•

Quarterly reports to the Responsible Physician and Chief Deputy

•

Legal requirements for confidentiality of medical records

•

Credentialing (assessing and confirming qualifications), privileging (authorization

to provide services), and training of employees and the associated peer review

processes

•

Condition and effectiveness of the care environment

•

Adequacy and quality of supplies and equipment

•

Quality of care provided to individual patients

•

Accuracy and efficiency of pharmacy services and medication administration

•

Ease of access to care

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•

Risk minimization tactics

•

Data describing the types, quality and quantity of care provided

•

Accreditation compliance

728.4 CQI COMMITTEE MEETINGS

The jail CQI committee should meet quarterly under the direction of both the committee chair and

the Responsible Physician. The CQI meetings may be conducted at the same time as quarterly

administrative meetings, but CQI minutes must be produced and maintained separately from any

other minutes.

The CQI minutes are not subject to disclosure outside of the CQI program, including requests

from local, regional and national entities. Other interested parties with a need to know are only

entitled to the disclosure of information that includes:

(a) Problems that may have been identified.

(b) Solutions that have been agreed upon.

(d) The time frame for implementing the corrective actions.

Policy

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Informed Consent and Right to Refuse Medical

Care

729.1 PURPOSE AND SCOPE

This policy recognizes that inmates have a right to make informed decisions regarding their health

care. It establishes the conditions under which informed consent should be obtained prior to

treatment, when medical care may proceed without consent, the documentation process for the

refusal of medical care and the retention of refusal forms.

729.1.1 DEFINITIONS

Definitions related to this policy include:

Informed consent - The written agreement by an inmate to a treatment, examination or

procedure. Consent is sought after the inmate has received the material facts about the nature,

consequences and risks of the proposed treatment, the examination or procedure, the alternatives

to the treatment and the prognosis if the proposed treatment is not undertaken, in a language

understood by the inmate.

729.2 POLICY

It is the policy of this office that generally, all health care examinations, treatments and procedures

shall be conducted with the informed consent of the inmate. Exceptions include emergencies, life-

threatening conditions and a court order (15 CCR 1214).

729.3 INFORMED CONSENT

The qualified health care professional initiating treatment shall inform the inmate of the nature

of the treatment and its possible side effects and risks, as well as the risks associated with not

having the treatment.

For invasive procedures or any treatment where there is some risk to the inmate, informed consent

is documented on a written form containing the signatures of the inmate and a health services

staff witness.

A signed informed consent shall be obtained and witnessed by the prescribing psychiatrist for the

initiation of psychotropic medication.

Appropriate arrangements shall be made to provide language translation services as needed

before an inmate signs any informed consent form.

For minors and conservatees, the informed consent of a parent, guardian or legal custodian

applies where required by law. Absent informed consent in non-emergency situations, a court

order is required before involuntary treatment can be administered to an inmate.

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729.4 REFUSAL OF TREATMENT

When an inmate refuses medical, mental health or dental treatment or medication, he/she shall

be counseled regarding the necessity of the treatment/medication and the consequences of

refusal. The inmate shall then be requested to sign a form acknowledging that he/she refused an

examination and/or treatment.

The form shall be filled out completely by the qualified health care professional and include the

inmate's name, booking number, treatment/medication refused, the risks or consequences of

refusal and the inmate’s mental status. The form must be signed by the inmate and a witness.

In the event that the inmate refuses to sign, a notation to this effect shall be documented on the

inmate signature line. This shall require a signed acknowledgement by two witnesses.

Documentation regarding the inmate's mental status shall be noted in the medical record, along

with a brief note describing the intervention of the qualified health care professional.

The completed form is to be placed in the inmate's medical record.

It is the responsibility of the qualified health care professional to refer all refusal forms to the

Responsible Physician.

Any time there is a concern about the decision-making capacity of the inmate, an evaluation shall

be conducted, particularly if the refusal is for critical or acute care.

Any time an inmate refuses to take his/her medication, attend sick call or a scheduled medical

appointment, a signed refusal must be obtained by the qualified health care professional.

The refusal form shall be a permanent part of the inmate's medical record.

The inmate may revoke his/her refusal at any time.

729.4.1 STERILIZATION

This office shall not perform any sterilization procedure on an inmate, without the inmate’s consent,

unless the procedure is necessary to save the inmate’s life. A sterilization procedure may be

performed with the inmate’s consent under the following conditions (Penal Code § 3440(b)):

(a) Less invasive measures are not available, have been refused by the inmate or have

been deemed unsuccessful.

(b) A second physician, approved to provide medical services for the facility, but not

employed by the county, confirms the need for the procedure.

refusal will not affect his/her ability to receive future medical treatment.

If a sterilization procedure is performed, this office shall provide psychological consultation before

and after the procedure, as well as the appropriate medical follow-up (Penal Code § 3440(c)).

The Records Supervisor shall also submit data annually to the Board of State and Community

Corrections regarding the race, age, medical justification and method of sterilization for any

sterilization procedure performed (Penal Code § 3440(d)).

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729.4.2 INVOLUNTARY ADMINISTRATION OF PSYCHOTROPIC MEDICATION

Psychotropic medication may only be administered involuntarily to an inmate in emergency

circumstances or as otherwise allowed by law and only with a physician’s order. The medication

administered shall only be what is required to treat the emergency condition and administered for

only as long as the emergency continues to exist. A court order shall be sought or legal consent

shall be obtained if the Responsible Physician anticipates further dosage will be necessary or

beneficial (Penal Code § 2603; 15 CCR 1217).

In cases of non-emergencies, certain conditions must be met as described in Penal Code

§ 2603(c) prior to the involuntary administration of the psychotropic medication, including a

documented attempt to locate an available bed in a community-based treatment facility in lieu of

seeking to administer involuntary medication (Penal Code § 2603).

The reason medication was involuntarily administered should be documented in the inmate’s

health care record.

729.5 RECORDS

The Chief Deputy or the authorized designee shall work with the Responsible Physician to develop

medical care consent and refusal forms and a system for retaining records in the inmate’s health

file in accordance with established records retention schedules.

Policy

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Management of Health Records

730.1 PURPOSE AND SCOPE

The purpose of this policy is to establish a uniform manner of maintaining the active health records

of inmates for easy accessibility during clinical treatment, and the storage methods for inactive

health records. This policy also addresses practices that will ensure the confidentiality of health

record information by separating it from custody records.

730.1.1 DEFINITIONS

Definitions related to this policy include:

Protected health information - Information that relates to the inmate's past, present or future

physical or mental health or condition, the provision of medical care to the inmate, or the past,

present or future payment for the provision of health care to the inmate (45 CFR 160.103).

730.2 POLICY

It is the policy of this office to maintain the confidentiality of inmates' protected health information.

Inmate health records will be maintained separately from custody records and under secure

conditions, in compliance with all local, state and federal requirements.

The Responsible Physician or the authorized designee will establish standardized facility

procedures for recording information in the file and for the control and access to inmate health

records. Inmate workers shall not have any access to inmate health records.

730.3 INITIATING A HEALTH RECORD

Following the initial medical screening process, the qualified health care professional shall initiate

a health record for each inmate. The Responsible Physician shall be responsible for developing

and implementing procedures for standardized record formatting (15 CCR 1205 et seq.).

730.4 CONFIDENTIALITY OF INMATE HEALTH RECORDS

Information regarding an inmate's health status is confidential. Active health records shall be

maintained separately from custody records. Access to an inmate's health record shall be in

accordance with state and federal law (Health Insurance Portability and Accountability Act (HIPAA)

of 1996, Public Law 104-191 and the implementing regulations) (15 CCR 1205(d)).

The inmate's protected health information may be disclosed, with the inmate's written

authorization, to any person so designated. A fully completed authorization for release and/or a

disclosure of protected health information form shall be required prior to disclosure based upon

informed consent (15 CCR 1205(b) et seq.).

The inmate's protected health information may be disclosed by the qualified health care

professional without the inmate's authorization under certain circumstances and when approved

by the Responsible Physician or the authorized designee. Those circumstances include:

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(a) To known qualified health care professionals who are members of the health care

team responsible for the inmate's care.

(b) To custody staff regarding inmates as reasonably necessary to protect the safety,

security and good order of the facility. Examples may include information that the

inmate may be:

1. Suicidal.

2. Homicidal.

3. A clear custodial risk.

4. A clear danger of injury to self or others.

5. Gravely disabled.

6. Receiving psychotropic medications.

7. A communicable disease risk.

8. In need of special housing.

investigation.

(d) Pursuant to a court order or valid subpoena duces tecum, accompanied by satisfactory

assurance that the inmate has been given notice and an opportunity to file an objection

or efforts have been made to secure a protective order as required under HIPAA (45

CFR 164.512).

(e) To a law enforcement officer for purposes of a criminal investigation, to avert a

serious threat to the health or safety of any person or to fulfill mandatory reporting

requirements.

(f) To a law enforcement officer when the inmate has died as a result of criminal conduct.

The inmate's limited protected health information may also be disclosed to a law enforcement

officer for purposes of identifying or locating a suspect or when the inmate is a victim of a crime.

When reasonably possible, the approval of the Chief Deputy should be obtained prior to disclosure.

Attorneys requesting health record information regarding an inmate shall be advised that an

authorization for release and/or a disclosure of medical information form or an attorney release

form signed by the inmate is required.

Family members may be informed of the inmate's custody status and whether the inmate is

receiving medical care. Family members requesting additional information must provide a proper

authorization for release and/or disclosure of medical information form.

The Chief Deputy, in consultation with the Responsible Physician, shall designate personnel who

will be responsible for reviewing all requests for access to medical records and who will propose

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related policies and procedures and other activities designed to facilitate proper documentation

of health care and access to records.

730.4.1 ADDITIONAL STATE PRIVACY PROTECTIONS

The health services administrator and Responsible Physician or the authorized designee shall

ensure that privacy protections comply with state law requirements regarding privacy and

confidentiality applicable to the specific type of medical records requested, including:

(a) Records associated with human immunodeficiency virus (HIV) or acquired

immunodeficiency syndrome (AIDS) (Health and Safety Code § 121025).

(b) Records of patients in alcohol or substance abuse treatment programs (Health and

Safety Code § 11845.5).

730.5 HEALTH RECORD CONTENTS

(a) To standardize record keeping and to identify responsibilities, the following should

apply to inmate health records (15 CCR 1205):

1. The qualified health care professional or the authorized designee should be

responsible for ensuring that all required information and forms are included

in the medical records. There should also be a periodic informal review as

described in the Continuous Quality Improvement Policy.

2. The qualified health care professional or the authorized designee should be

responsible for ensuring incoming written findings and recommendations are

returned with the inmate from any off-site visit, and filed in the inmate's medical

record.

(b) Inmate health records shall minimally contain, but are not limited to:

1. Identifying information (e.g., inmate name, identification number, date of birth,

sex) on each sheet in the file.

2. A completed inmate medical/mental health screening forms and evaluation

reports.

3. Health appraisal information and data forms.

4. Complaints of illness or injury.

5. A problem summary, containing medical and mental health diagnoses and

treatments as well as known allergies.

6. Immunization records.

7. Progress notes of all significant findings, diagnoses, treatments and

dispositions.

8. Orders from a qualified health care professional for prescribed and administered

medications and medication records in conformance with 15 CCR 1216.

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9. X-ray and laboratory reports and diagnostic studies.

10. A record of the date, time and place of each clinical encounter with inmates.

11. Health service reports.

12. Individualized treatment plans when available or required.

13. Consent and refusal forms.

14. Release of information authorization forms (including HIPAA forms).

15. Results of specialty consultations and off-site referrals.

16. Special needs treatment plans, if applicable.

17. Names of personnel who treat, prescribe, and/or administer/deliver prescription

medication.

730.6 ACTIVE INMATE HEALTH RECORDS

Active inmate health records will be accessible to qualified health care professionals as necessary

for the provision of medical treatment and other uses allowed by law or the Chief Deputy or the

authorized designee, under exigent circumstances, to protect the safety, security and good order

of the facility.

All entries in the inmate health record will have the place, date, time, signature and title of each

individual providing care and should be legible.

Documentation in the inmate health record is done in the subjective, objective, assessment and

plan (SOAP) format. An inmate health record is initiated at the first health encounter following the

initial medical screening.

If an inmate has been previously incarcerated, the previous health record should be reactivated.

If a new record has been initiated and a previous record exists, medical records personnel should

merge the two records in order to compile a complete history, unless mandated statutory retention

schedules have provided for the destruction of one file and there is a need to create a new file.

New information shall be entered on the health record at the completion of each encounter.

All inmate health records shall be returned to the file prior to the end of each watch.

730.7 INACTIVE MEDICAL RECORDS

When an inmate is released from custody, medical records personnel should remove the inmate's

health record from the active file.

The health record should be reviewed for completeness. Any loose documents should be filed

according to the established health record format.

The health record should be securely stored in the area designated for inactive inmate health

records, in accordance with established records retention schedules but no less than 10 years

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from the date of the last clinical encounter. Adult records and juvenile records may have different

jurisdictional retention requirements.

Inactive inmate medical records may be stored off-site. Health record information from inactive

files may be transmitted to specific and designated physicians or medical facilities upon the written

request or authorization of the inmate.

730.8 ELECTRONIC MEDICAL RECORDS

If medical records are maintained in an electronic format, the system should be structured with

redundancies to ensure the records will survive any system failure.

730.9 HIPAA COMPLIANCE

The Chief Deputy, in consultation with the Responsible Physician, shall ensure that a health record

protection and disclosure compliance plan conforming to the requirements of HIPAA is prepared

and maintained. The plan should detail all necessary procedures for security and review of the

access and disclosure of protected health information.

At minimum, the plan will include:

• Assignment of a HIPAA compliance officer, who is trained in HIPAA compliance and

will be responsible for maintaining procedures for and enforcing HIPAA requirements,

including receiving and documenting complaints about breaches of privacy.

• Ongoing training on HIPAA requirements, depending on the level of access the

member has to protected health information.

• Administrative, physical and technical safeguards to protect the privacy of protected

health information.

• Procedures for the permitted or required use or disclosure of protected health

information and the mitigation of harm caused by improper use or disclosure.

• Protocol to ensure privacy policies and procedures, any privacy practices notices,

disposition of any complaints, and other actions, activities, and designations required

to be documented, are maintained for at least six years after the date of creation or

last effective date, whichever is later.

Policy

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Monterey County Sheriff's Office

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Published with permission by Monterey County Sheriff's Office

Inmate Health Care Communication - 401

Inmate Health Care Communication

731.1 PURPOSE AND SCOPE

The purpose of this policy is to establish and maintain effective communication between the

treating qualified health care professionals and custody personnel. This communication is

essential at all levels of the organization to ensure the health and safety of all occupants of the

facility.

731.2 POLICY

It is the policy of this office that effective communication shall occur between the Chief Deputy

and the treating qualified health care professionals regarding any significant health issues of an

inmate. All health issues should be considered during classification and housing decisions in order

to preserve the health and safety of the occupants of this facility.

When a qualified health care professional recognizes that an inmate will require accommodation

due to a medical or mental health condition, custody personnel shall be promptly notified in writing.

The Chief Deputy shall be responsible for establishing measurable goals relating to processes

that enhance good communication between the qualified health care professionals and the

custody staff. The Chief Deputy should also establish, in writing, the desired performance

objectives relating to practices that support good communication between the qualified health care

professionals and the custody staff. The Chief Deputy should review the documents annually for

any necessary revisions or updates in support of continuous improvement in the delivery of health

care services.

731.3 MANAGING SPECIAL NEEDS INMATES

Upon an inmate's arrival at the facility, the qualified health care professional, in conjunction with

the custody staff, should determine if the inmate has any special needs.

(a) If staff determines that an inmate has special needs, a communication form or other

appropriate documentation relating to special needs should be completed and sent

to classification personnel, the Shift Commander and the housing officer. This is to

ensure that the inmate is assigned to a housing unit that is equipped to meet his/her

special needs.

(b) The qualified health care professional should arrange for the appropriate follow-up

evaluation.

minimum, the inmate should be seen by the Responsible Physician or a qualified

health care professional at least once every 90 days to evaluate his/her continued

designation as a special needs inmate.

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(d) Inmates who have been determined by qualified health care professionals to require a

special needs classification should be seen at least once monthly by a qualified health

care professional.

(e) Prior to transfer to another facility, a medical transfer summary should be completed

detailing any special requirements that should be considered while the inmate is

in transit and upon his/her arrival at the destination. Discharge planning should be

included, as appropriate.

(f) A treatment plan should be developed for each inmate and should include, at a

minimum:

1. The frequency of follow-up for medical evaluation and anticipated adjustments

of the treatment modality.

2. The type and frequency of diagnostic testing and therapeutic regimens.

3. When appropriate, instructions about diet, exercise, adaptation to the

correctional environment and using prescribed medications.

(g) When clinically indicated, the qualified health care professionals and the custody

personnel should consult regarding the condition and capabilities of inmates with

known medical and/or psychiatric illnesses or developmental disabilities prior to any

of the following:

1. Housing assignment

2. Program or job assignment

3. Admissions to, and transfers from or between institutions

4. Disciplinary measures for mentally ill patients

(h) Qualified health care professionals and custody personnel should communicate about

inmates who require special accommodation. These include, but are not limited to,

inmates who are:

1. Chronically ill

2. Undergoing dialysis

3. In an adult facility, as an adolescent

4. Infected with a communicable disease

5. Physically disabled

6. Pregnant

7. Frail or elderly

8. Terminally ill

9. Mentally ill or suicidal

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10. Developmentally disabled

731.4 NOTIFICATION TO SUPERVISORS

In the event that there is no mutual agreement regarding an individual or group of inmates

who require special accommodation for medical or mental health conditions, supervisors in the

respective chain of command within the health care and custody staff should address these issues.

731.5 NOTIFICATION TO THE SHERIFF FOR MEDICAL RELEASE

Supervisors, through the chain of command, should advise the Sheriff when a terminally ill inmate

may be appropriate for early release or medical probation under Government Code § 26605.6

because the inmate would not reasonably pose a threat to public safety and the inmate has a life

expectancy of six months or less, or the inmate requires 24-hour care or acute long-term inpatient

rehabilitation services.

Policy

732

Monterey County Sheriff's Office

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Forensic Evidence - 404

Forensic Evidence

732.1 PURPOSE AND SCOPE

The purpose of this policy is to maintain credibility between the inmates and the facility's

qualified health care professionals by establishing clear guidelines restricting facility health care

professionals from participating in the collection of forensic evidence for disciplinary or legal

proceedings.

732.1.1 DEFINITION

Definitions related to this policy include:

Forensic evidence - Physical or psychological data collected from an inmate that may be used

against the inmate in disciplinary or legal proceedings.

732.2 POLICY

Qualified health care professionals of this facility are generally prohibited from participating in the

collection of forensic evidence or performing psychological evaluations for disciplinary or legal

proceedings.

Qualified health care professionals of this facility should not be involved in the collection of forensic

evidence except when complying with state laws requiring the collection of blood samples from

inmates, provided the inmate has consented to the procedure and staff are not involved in any

punitive action against the inmate.

Qualified health care professionals of this facility may collect blood or urine for testing for alcohol

or drugs when it is done for medical purposes and under a physician's order. Qualified health

care professionals of this facility may conduct inmate-specific, court-ordered laboratory tests and

examinations or radiology procedures with the consent of the inmate.

Qualified health care professionals of this facility are prohibited from being involved in the following

procedures:

(a) Body cavity searches

(b) Psychological evaluations for use in adversarial proceedings

(d) Any medical procedure, except emergency lifesaving measures, that does not have

the inmate's written consent

It shall be the responsibility of the Sheriff or the authorized designee to arrange for appropriately

trained professionals to collect forensic evidence for disciplinary or legal proceedings.

Policy

733

Monterey County Sheriff's Office

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Pharmacy Services - 405

Pharmacy Services

733.1 PURPOSE AND SCOPE

The purpose of this policy is to establish the procedures and protocols under which the facility

must manage a pharmaceutical operation in order to comply with federal, state and local laws that

govern prescribing and administering medication.

733.1.1 DEFINITIONS

Definitions related to this policy include:

Administration - The act of giving a single dose of a prescribed drug or biological substance to an

inmate. Administration is limited to qualified health care professionals and health-trained custody

staff members in accordance with state law.

Controlled substances - Medications classified by the Drug Enforcement Administration (DEA)

as Schedule II-IV (21 USC § 812).

Delivery - The act of providing a properly labeled prescription container (e.g., a dated container

that includes the name of the individual for whom the drug is prescribed, the name of the

medication, dose and instructions for taking the medication, the name of the prescribing physician

and expiration dates). Under these circumstances, a single dose at a time can be delivered to the

inmate, according to the written instructions, by any qualified health care professional or health-

trained custody staff member.

Dispensing - Those acts of processing a drug for delivery or administration to an inmate pursuant

to the order of a qualified health care professional. Dispensing consists of:

• Comparing directions on the label with the directions on the prescription or order to

determine accuracy.

• Selection of the drug from stock to fill the order.

• Counting, measuring, compounding or preparing the drug.

• Placing the drug in the proper container and affixing the appropriate prescription label

to the container.

• Adding any required notations to the written prescription.

Dispensing does not include the acts of distributing, delivery or administration of the drug. The

function of dispensing is limited to pharmacists and qualified health care professionals.

Distributing - The movement of a drug, in the originally labeled manufacturer's container or in a

labeled pre-packaged container, from the pharmacy to a health care services area.

Dose - The amount of a drug to be administered at one time.

Drug - An article recognized in the United States Pharmacopoeia and National Formulary (USP-

NF), the Homeopathic Pharmacopoeia of the United States or any supplement that is intended for

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use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans. A substance,

other than food, intended to affect the structure or any function of the human body.

Pharmaceutical operations - The functions and activities encompassing the procurement,

dispensing, distribution, storage and control of all pharmaceuticals used within the jail, the

monitoring of inmate drug therapy, and the provision of inmate/patient drug information.

733.2 POLICY

It is the policy of this office that pharmaceutical operations meet all federal, state and local legal

requirements and be sufficient to meet the needs of the facility population (15 CCR 1216).

733.3 PHARMACEUTICAL OPERATIONS

(a) The Responsible Physician, in conjunction with the pharmacist, shall establish a list

of all prescription and non-prescription medications available for inmate use.

1. Drugs approved for use in the facility should promote safe, optimum and cost-

efficient drug therapy.

2. The list should be periodically updated.

(b) The Responsible Physician, in conjunction with the pharmacist, shall ensure

appropriate medication storage, handling and inventory control.

regularly review charts on medication utilization.

(d) The Responsible Physician shall be responsible for establishing and maintaining a

system for storing and accounting for controlled substances. A count of syringes,

needles and controlled substances shall be taken and verified as correct and

documented at the change of each shift by two qualified health care professional. An

incorrect count shall be reported immediately to the Shift Commander. Medications

shall be stored under proper conditions of security, segregation and environmental

control at all storage locations.

1. Medication shall be accessible only to legally authorized persons.

2. Medication and device cabinets (stationary or mobile) shall be closed and locked

when not in use.

3. Controlled substances shall be stored and handled in accordance with DEA

regulations.

4. Medication requiring refrigeration shall be stored separately either in a

refrigerator that is locked or in a refrigerator that is in a locked room and is used

exclusively for medication and medication adjuncts. The inside temperature of

this refrigerator shall be maintained between 36 and 46 degrees. The inside

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Pharmacy Services - 407

temperature shall be monitored and recorded daily on a refrigerator temperature

log.

5. Antiseptics and other medications for external use shall be stored separately

from internal and injectable medications.

(e) Medication shall be kept in pharmacist-packaged or the original manufacturer's labeled

containers. Medication shall only be removed from these containers to prepare a

dose for administration. Drugs dispensed to inmates who are off grounds or are being

discharged from the facility shall be packaged in accordance with the provisions of

federal packaging laws (15 USC § 1471 et seq.) and any other applicable state and

federal law.

(f) Medication shall be properly labeled with the label firmly affixed to the prescription

package. Each label shall indicate the name, address and telephone number of the

dispensing pharmacy, in addition to:

1. The medication name, strength, quantity, manufacturer, manufacturer's lot

number or internal control number and expiration date.

2. Directions for use, dispensing date and drug order expiration date. Accessory

or cautionary labels shall be applied as appropriate.

3. In cases where a multiple dose package is too small to accommodate the

prescription label, the label may be placed on an outer container into which the

multiple dose packages are placed.

(g) Medication that is outdated, visibly deteriorated, unlabeled, inadequately labeled,

discontinued or obsolete shall be stored in a separate secure storage area and

disposed of in accordance with the following requirements:

1. Controlled substances shall be disposed of in accordance with the state and

federal regulations (15 CCR 1216(b)(8)).

2. Unused, outdated or discontinued doses or excess inventories of non-controlled

drugs that have not been in the possession of the inmate shall be returned to

the pharmacy for disposition.

3. Returned, non-controlled substances that have been in the possession of the

inmate, unclaimed personal medication collected at intake, or individual doses

of medication removed from the original pharmacy packaging shall be destroyed

at the facility by health services staff and placed in the medical waste disposal

system.

4. Pharmaceutical waste shall be separated from other types of medical waste for

handling and disposal purposes, and will be discarded in designated containers

distinctly identified for medical waste.

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(h) All medication preparation, storage and administration areas shall be clean, organized,

illuminated, ventilated and maintained at an appropriate temperature range. Any

mobile medication cart that is not being used in the administration of medication to

inmates shall be stored in a locked room that meets similar requirements.

(i) Current drug reference information, such as a Physician's Desk Reference (PDR) or

an approved website, shall be available to staff.

(j) An annual report on the status of the pharmaceutical operation will be prepared by the

pharmacist and provided to the Responsible Physician and the Chief Deputy.

733.4 PRESCRIBING MEDICATIONS

All medications shall be prescribed in a safe and effective manner for clinically appropriate reasons

and documented in the individual patient medical record. Records shall be retained in accordance

with established records retention schedules (15 CCR 1216; 15 CCR 1217).

(a) Any medication prescribed by a qualified health care professional shall specify the

drug name, strength, dose, route, frequency, discontinuation date and indication for

use if the medication is intended to be used as needed. Medication shall not be

prescribed for an indefinite period. The qualified health care professional shall review

medication regimens at specified time intervals. An order to continue or discontinue

any medication shall be documented in the medical record, which will supersede any

earlier orders for that medication. A physician's signature should be required on all

verbal orders within 72 hours of the order.

(b) Any medication prescription that is not complete or is questionable shall not be

prepared until clarification is received from the qualified health care professional. Staff

shall make an effort to obtain prescription clarification in a timely manner.

Medication shall be prescribed and ordered from the facility list of approved

medications unless the Responsible Physician approves otherwise.

(d) Some inmates may be permitted to possess and self-administer some medications

when monitored and controlled, in accordance with this policy.

(e) Apparent adverse drug reactions shall be recorded in the inmate's health record by

the qualified health care professional.

(f) The qualified health care professional shall notify the Shift Commander of all known

medication errors in a timely manner. Medication error reports shall be completed on

all known medication errors.

733.5 PER DOSE MEDICATION ADMINISTRATION

Psychotropic medication, controlled substances, tuberculosis (TB) medication, seizure medication

and those listed as directly observed therapy (DOT) shall be administered to inmates on a per

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dose basis. Health-trained custody staff members may administer medication on the order of the

Responsible Physician or a qualified health care professional (15 CCR 1216(b)).

(a) Each medication ordered on a per dose basis for individual inmates shall be kept in

the medication room of the facility.

(b) Medication dispensing envelopes bearing the inmate's name, booking number,

housing location and the medication and its dosing schedule shall be generated

for each inmate receiving per dose medication. These shall be administered from

the individually packaged supply and delivered to the patient at each scheduled

medication time.

confirm the inmate's identity prior to administering the medication by comparing the

name/booking number on the dispensing envelope with the inmate's identification

badge/armband.

1. Inmates should have a fluid container and adequate fluid to take the medication

being administered.

2. The qualified health care professional or health-trained custody staff member

should observe the inmate taking the medication to prevent "cheeking" or

"palming".

3. The qualified health care professional or health-trained custody staff member

should inspect the inmate's mouth after the inmate swallows the medication to

ensure it was completely ingested. If the inmate appears to be "cheeking" the

medication, a chart entry will be made and a notation entered on the medication

envelope, as well as the back of the Medication Administration Record (MAR).

Custody staff shall be immediately notified of the suspected "cheeking" and shall

follow-up with the appropriate security, corrective and/or disciplinary action.

(d) The qualified health care professional or health-trained custody staff member shall

record each medication administered by initialing the appropriate date and time.

The qualified health care professional or health-trained custody staff member shall

authenticate the initials by placing his/her initials, signature or name stamp in the

designated area on the lower portion of the MAR. Pre-charting is not allowed.

1. In the event that medication cannot be administered (for example, the inmate

is in court or the medication is not in stock), a note explaining the situation and

planned action shall be made on the back of the MAR or on a progress note.

(e) The qualified health care professional or health-trained custody staff member shall

have inmates who refuse their medication sign a refusal form at the medication

round. If the inmate willfully refuses to sign the refusal form, the qualified health care

professional or health-trained custody staff member shall advise custody staff, who

should attempt to resolve the situation through voluntary compliance, by reminding

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the inmate that a refusal to sign may lead to disciplinary action. The qualified health

care professional or health-trained custody staff member shall also:

1. Note the refusal on the medication log including the date and time.

2. Review the medication logs for prior refusals.

3. Document patterns of refused medications on the inmate's medical record.

4. Make a reasonable effort to convince the inmate to voluntarily continue with the

medication as prescribed.

5. Report continued refusals to the Responsible Physician and have the inmate

complete and sign a medication refusal form.

(f) No inmate should be deprived of prescribed medication as a means of punishment.

733.6 SELF-ADMINISTRATION OF MEDICATION

Upon approval of the Responsible Physician or qualified health care professional, inmates may

be allowed to self-administer prescribed medication other than psychotropic medication, seizure

medication, controlled drugs, TB medication, any medication that is required to be DOT, or has

the recognized potential for abuse (15 CCR 1216).

The qualified health care professional ordering medication should educate the inmate regarding

potential side effects and the proper use of the medication (15 CCR 1216(d) et seq.).

(a) Medication may be ordered through a pre-booking examination or medical clearance

obtained at a hospital or other clinic, an emergency room visit or evaluation by an on-

site qualified health care professional.

(b) Any questions the inmate may have concerning his/her medication should be

addressed at this time.

designated areas within the housing unit (15 CCR 1216(d)(4)).

(d) All self-administered medications are to be documented on the MAR.

(e) Upon receipt of the medication, the qualified health care professional or health-trained

custody staff member should issue the inmate his/her medication as follows:

1. The qualified health care professional or health-trained custody staff member

issuing the medication should confirm correct identity by comparing the name/

booking number of the self-administer package to the inmate's identification

badge/armband.

2. When issuing self-administered medication, documentation on the MAR should

include the number of pills issued and the qualified health care professional's or

health-trained custody staff member's initials.

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(f) The continuous quality improvement coordinator should monitor inmate compliance

by randomly interviewing inmates about the name, purpose, dose, schedule and

possible side effects of their prescription medication and will inspect the inmates' self-

administered medication and review their medical records. Any violation of the rules

will be reported to the custody liaison (15 CCR 1216(d)(6)).

(g) Any self-administered medication may be changed to per-dose at the discretion of the

medical staff if the inmate is not responsible enough to self-administer the medication

or has a history of frequent rule violations. Documentation in the medical record should

accompany any decision to change the medication to per-dose. Custody and health

care staff should continuously monitor and communicate with each other regarding

inmates complying with the conditions and rules for self-administered medication (15

CCR 1216(d)(2)(5)).

(h) Inmates who arrive at the facility with prescribed medication should be administered

per dose for any new medications or refills until the new medication or refill is received

from the pharmacy.

733.7 NON-PRESCRIPTION MEDICATION

Any over-the-counter non-prescription medication available to inmates for purchase in the facility

commissary shall be approved by the Chief Deputy and the Responsible Physician and reviewed

annually (15 CCR 1216(c)).

The Chief Deputy and the Responsible Physician should establish a limit on the amount of non-

prescription medication an inmate may purchase and have in his/her possession at any time.

Inmates with medication in an amount above the proscribed limit may be subject to disciplinary

sanctions.

733.8 TRAINING

All health-trained custody staff members authorized to deliver, administer and provide medication

assistance shall be trained prior to engaging in any tasks related to delivery or administration of

medication.

Policy

734

Monterey County Sheriff's Office

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Oral Care - 412

Oral Care

734.1 PURPOSE AND SCOPE

The intent of this policy is to ensure that inmates have access to dental care and treatment for

serious dental needs. While the focus of this policy is primarily on urgent and emergent dental

care, as with medical or mental health care, dental care is available based upon patient need.

734.1.1 DEFINITIONS

Definitions related to this policy include:

Infection control practices - Are defined by the American Dental Association (ADA) and the

Centers for Disease Control and Prevention (CDC) as including sterilizing instruments, disinfecting

equipment and properly disposing of hazardous waste.

Oral care - Includes instruction in oral hygiene, examinations and treatment of dental problems.

Instruction in oral hygiene minimally includes information on plaque control and the proper

brushing of teeth.

Oral examination - Includes taking or reviewing the patient's oral history, an extra-oral head and

neck examination, charting of teeth, and examination of the hard and soft tissue of the oral cavity

with a mouth mirror, explorer and adequate illumination.

Oral screening - Includes visual observation of the teeth and gums, and notation of any obvious

or gross abnormalities requiring immediate referral to a dentist.

Oral treatment - Includes the full range of services that in the supervising dentist's judgment are

necessary for proper mastication and for maintaining the inmate's health status.

734.2 POLICY

It is the policy of this office that oral care is provided under the direction of a dentist licensed in

this state and that care is timely and includes immediate access for urgent or painful conditions.

There are established priorities for care when, in the dentist's judgment, the inmate's health would

otherwise be adversely affected (15 CCR 1215).

734.3 ACCESS TO DENTAL SERVICES

Emergency and medically required dental care is provided to each inmate upon request. Dental

services are not limited to extractions. It is the goal of dental services to alleviate pain and suffering,

ensure that inmates do not lose teeth merely as a consequence of incarceration and to provide

appropriate dental service whenever medically required to maintain nutrition (15 CCR 1215).

Access to dental services should be as follows:

(a) All inmates wishing to see the dentist for a non-emergency issue shall complete a

sick call form. Requests should be triaged according to the nature and severity of

the problem and should be seen by a dentist according to assigned priority. Inmates

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requesting dental services on weekends or after hours will initially be evaluated by a

qualified health care professional and referred appropriately.

(b) If an inmate suffers obvious trauma or other dental emergency, the qualified health

care professional may arrange for immediate access to a dentist or may transfer the

inmate to an emergency room for treatment.

community release may see their own dentist pursuant to approval of scheduling

arrangements with facility medical and custody staff. The inmate will be financially

responsible for any payment. The Office is under no obligation to the inmate to this

appointment.

(d) Records documenting all dental treatment should be maintained in the inmate's

medical record file and retained in accordance with established records retention

schedules. Examination results should be recorded on a uniform dental record using

a numbered system.

(e) Medications prescribed by a dentist should be administered in accordance with

pharmacy procedures and documented in the inmate's medical record.

(f) Necessary dental services identified by a dentist that are not available on-site should

be provided by referral to community resources as deemed necessary by the facility

dentist.

734.4 DENTAL CARE OPTIONS

Inmates should be offered a dental screening by a qualified health care professional or a dentist

within 14 days of incarceration, unless such a screening was completed within the past six months.

This dental screening should include an evaluation of the current dental status and instruction on

oral hygiene and preventive oral education.

Inmates should be offered a dental examination, supported by diagnostic X-rays if necessary, by

a dentist within 12 months of incarceration.

Inmates who are scheduled to be incarcerated for less than 12 months should have access to

the treatment of dental pain, fillings, extractions of non-restorable teeth, cleaning and treatment

of symptomatic areas and repair of partials and dentures.

Policy

735

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Release Planning - 414

Release Planning

735.1 PURPOSE AND SCOPE

This office recognizes that inmates may require information and assistance with health care follow-

up upon release from custody. The purpose of this policy is to establish guidelines to assist staff

with providing resources for the continuity of an inmate's health care after he/she is released from

custody.

735.1.1 DEFINITION

Definitions related to this policy include:

Release planning - The process of providing sufficient resources for the continuity of health care

to an inmate before his/her release to the community.

735.2 POLICY

The qualified health care professional should work with correctional staff to ensure that inmates

who have been in custody for 30 or more days and have pending release dates, as well as serious

health, dental or mental health needs, are provided with medication and health care resources

sufficient for the inmate to seek health care services once released.

The Chief Deputy or the authorized designee shall be responsible for ensuring that release

preparation curriculum and materials are developed and maintained for this purpose, and that

community resource information is kept current. Release planning should include:

(a) Resources for community-based organizations that provide health care services,

housing, funding streams, employment and vocational rehabilitation.

(b) Lists of community health professionals.

care.

(d) Specific appointments and medications that are arranged for the inmate at the time

of release.

735.3 PREPARATION FOR RELEASE

Upon notification of the imminent release of an inmate who has been identified as having serious

medical or mental health needs, release planning shall include the following:

(a) A medical screening shall be conducted to assess the inmate's immediate medical

needs, and arrangements should be made for community follow-up where needed,

including sufficient medication.

(b) With the inmate's written consent, the qualified health care professional should:

1. Share necessary information with health care services.

2. Arrange for follow-up appointments.

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3. Arrange for the transfer of health summaries and relevant parts of the health

record to community health care services or others who are assisting in planning

for or providing services upon the inmate's release.

administrative note in the inmate's health record.

(d) Inmates with serious mental health issues, including those receiving psychotropic

medication, shall be informed about community options for continuing treatment and

provided with follow-up appointments, when reasonably possible.

(e) Medication will be provided as appropriate.

735.4 RELEASE PLANNING RECORDS

All records of community referrals, transfer forms, logs, documentation of release planning, lists

of medication provided, records release authorization forms and any other relevant documents

shall be maintained in the inmate's health file and retained in accordance with established records

retention schedules.

Policy

736

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Privacy of Care

736.1 PURPOSE AND SCOPE

This policy recognizes that inmates have a right to privacy and confidentiality regarding their

health-related issues. It also recognizes inmates' right to health care services that are provided

in such a manner as to ensure that privacy and confidentiality, and encourage inmates use and

trust of the facility's health care system.

736.1.1 DEFINITION

Definitions related to this policy include:

Clinical encounters - Interactions between inmates and health care professionals involving a

treatment and/or an exchange of confidential health information.

736.2 POLICY

It is the policy of this office that, in order to instill confidence in the health care system by the inmate

population, all discussions of health-related issues and clinical encounters, absent an emergency

situation, will be conducted in a setting that respects the inmate's privacy and encourages the

inmate's continued use of health care services.

736.3 CLINICAL EVALUATIONS

Emergency evaluations and rendering of first aid should be conducted at the site of the emergency,

if reasonably practicable, with transfer to the medical clinic or emergency room as soon as the

inmate is stabilized.

Inmates shall have a same-sex escort for encounters with an opposite-sex qualified health care

professional or health-trained staff member, as appropriate.

Custody personnel should only be present to provide security if the inmate poses a risk to the

safety of the qualified health care professional or others.

736.4 REPORTING INAPPROPRIATE ACCESS OF MEDICAL INFORMATION

The Chief Deputy and Responsible Physician shall establish a process for staff, inmates or any

other persons to report the improper access or use of medical records.

736.5 TRAINING

All corrections personnel, interpreters and qualified health care professionals who are assigned

to a position that enables them to observe or hear qualified health care professional/inmate

encounters shall receive appropriate training on the importance of maintaining confidentiality when

dealing with inmate health care. The Training Sergeant shall be responsible for scheduling such

training and for maintaining training records that show the employee attended, in accordance with

established records retention schedules.

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Environmental Health - 417

Chapter 8 - Environmental Health

Policy

800

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Sanitation Inspections - 418

Sanitation Inspections

800.1 PURPOSE AND SCOPE

The Monterey County Sheriff's Office has established a plan to promote and comply with the

environmental safety and sanitation requirements established by applicable laws, ordinances and

regulations. This policy establishes a plan of housekeeping tasks and inspections required to

identify and correct unsanitary or unsafe conditions or work practices in this facility.

800.2 RESPONSIBILITIES

The Chief Deputy will ensure that the safety and sanitation plan addresses, at a minimum, the

following (15 CCR 1280):

(a) Schedules of functions (e.g., daily, weekly, monthly or seasonal

cleaning, maintenance, pest control, safety surveys)

(b) Self-inspection checklists to identify problems and to ensure cleanliness of the facility.

county health department, including how deficiencies on the inspection report are to

be corrected in a timely manner.

(d) A list of approved equipment, cleaning compounds, chemicals and related materials

used in the facility, and instructions on how to operate, dilute or apply the material in

a safe manner.

(e) Record-keeping of self-inspection procedures, forms and actions taken to correct

deficiencies.

(f) Training requirements for custody staff and inmate workers on accident prevention

and avoidance of hazards with regard to facility maintenance.

Consideration should be given to general job descriptions and/or limitations relating to personnel

or inmates assigned to carrying out the plan. Specialized tasks, such as changing air filters and

cleaning ducts or facility pest control, are more appropriately handled by the Office or by contract

with private firms.

Inmates engaged in sanitation duties shall do so only under the direct supervision of qualified

custody staff. When inmate work crews are used, additional controls should be implemented to

account for all equipment and cleaning materials.

All staff shall report any unsanitary or unsafe conditions to a supervisor. Staff shall report repairs

needed to the physical plant and to equipment by submitting a work order to a supervisor.

Shift Commanders will conduct cleaning inspections on a daily basis. The Chief Deputy or the

authorized designee will conduct weekly safety and sanitation inspections of the facility.

800.3 WORK ORDERS

All reports of unsafe or unsanitary conditions, as well as repairs needed to the physical plant and

equipment, shall be documented in a work order. The Chief Deputy will designate a staff person

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to receive these work orders and take appropriate action to ensure the repairs are made or action

is taken. All work and action taken will also be documented. Requests for budget resources above

and beyond already budgeted maintenance items shall be reported to the Chief Deputy.

800.4 SAFETY DATA SHEETS

Materials and substances used in the operation and maintenance of the facility may qualify as

hazardous material. Hazardous material is required to have a companion Safety Data Sheet

(SDS) that is provided by the manufacturer or distributor of the material. The SDS provides

vital information on individual hazardous materials and substances, including instructions on

safe handling, storage, disposal, prohibited interactions and other details relative to the specific

material.

The Chief Deputy shall be responsible for ensuring that a written hazard communication plan is

developed, implemented and maintained at each workplace. Each area of the facility in which

any hazardous material is stored or used shall maintain an SDS file in an identified location that

includes (29 CFR 1910.1200(e)(1)):

(a) A list of all areas where hazardous materials are stored.

(b) A physical plant diagram and legend identifying the storage areas of the hazardous

materials.

(d) A log for documentation of training by users of the hazardous materials.

800.4.1 SDS USE, SAFETY AND TRAINING

All supervisors and users of SDS information must review the latest issuance from the

manufacturers of the relevant substances. Staff and inmates shall have ready and continuous

access to the SDS for the substance they are using while working. In addition, the following shall

be completed (29 CFR 1910.1200(e)):

(a)

Supervisors shall conduct training for all staff and inmates on using the SDS for the

safe use, handling and disposal of hazardous material in areas they supervise.

(b)

Upon completion of the training, staff and inmates shall sign the acknowledgement

form kept with each SDS in their work area.

(c)

Staff and inmates using the SDS shall review the information as necessary to be aware

of any updates and to remain familiar with the safe use, handling and disposal of any

hazardous material.

800.4.2 SDS DOCUMENTATION MAINTENANCE

Changes in SDS information occur often and without general notice. Any person accepting a

delivery, addition or replacement of any hazardous material shall review the accompanying SDS.

If additions or changes have occurred, the revised SDS shall be incorporated into the file and a

notation shall be made in the SDS revision log.

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Supervisors shall review SDS information in their work areas semiannually to determine if the

information is current and that appropriate training has been completed. Upon review, a copy of the

SDS file and all logs shall be forwarded to the Maintenance Supervisor or the authorized designee.

800.4.3 SDS RECORDS MASTER INDEX

The Maintenance Supervisor or the authorized designee will compile a master index of all

hazardous materials in the facility, including locations, along with a master file of SDS information.

He/she will maintain this information in the safety office (or equivalent), with a copy to the local fire

department. Documentation of the semiannual reviews will be maintained in the SDS master file.

The master index should also include a comprehensive, current list of emergency phone numbers

(e.g., fire department, poison control center) (29 CFR 1910.1200(g)(8)).

800.4.4 CLEANING PRODUCT RIGHT TO KNOW ACT

In addition to SDS information, printable information regarding ingredients of certain products

used by staff and inmates shall be readily accessible and maintained in the same manner as

an SDS (Labor Code § 6398.5; Health and Safety Code § 108952(f); Health and Safety Code §

108954.5(c)).

800.5 POLICY

It is the policy of the Office to maintain a safe and sanitary facility. To accomplish this goal,

the Office will maintain a written plan that contains schedules and procedures for conducting

weekly and monthly sanitation inspections of the facility.

Policy

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Hazardous Waste Disposal

801.1 PURPOSE AND SCOPE

The purpose of this policy is to establish a system for disposing of hazardous waste. The Office

recognizes that the effectiveness of a disposal system depends not only on the written policies,

procedures and precautions, but on adequate supervision and the responsible behavior of the staff

and inmates. It is the responsibility of everyone in the facility to follow hazardous waste disposal

instructions, utilizing prescribed precautions and using safety equipment properly.

801.1.1 DEFINITION

Definitions related to this policy include:

Hazardous waste - Material that poses a threat or risk to public health or safety or is harmful to

the environment (e.g., batteries, paints, solvents, engine oils and fluids, cleaning products).

801.2 POLICY

It is the policy of this office that any sewage and hazardous waste generated at the facility shall

be handled, stored and disposed of safely and in accordance with all applicable federal and

state regulations and in consultation with the local public health entity. The Chief Deputy or the

authorized designee shall be responsible for:

• Contracting with a hazardous waste disposal service.

• Developing and implementing a storage and disposal plan that has been reviewed

and approved by a regulatory agency.

• Including hazardous waste issues on internal health and sanitation inspection

checklists.

• Including hazardous waste issues in the inmate handbook and ensuring that inmates

receive instruction on proper handling and disposal during inmate orientation.

• Developing and implementing procedures for the safe handling and storage of

hazardous materials until such time as the contractor removes the items from the

facility.

• Ensuring the staff is trained in the proper identification of hazardous waste and the

appropriate handling, storage and disposal of such items.

801.3 DISPOSAL PROCEDURE

801.3.1 SEWAGE DISPOSAL

All sewage and liquid waste matter must be disposed of into a public system of sewerage or, if

public sewerage is not available, into a private system of sewage disposal in accordance with the

requirements of the local public health entity.

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The institution's use of the private system must be discontinued and the private system must be

properly abandoned when public sewerage becomes available.

801.3.2 HAZARDOUS WASTE

Hazardous waste generated in the facility shall be properly disposed of in designated containers

and stored until removed by the contractor. Staff shall use universal standard precautions when

in contact with hazardous materials, at a minimum, unless directed otherwise.

801.4 SAFETY EQUIPMENT

The Chief Deputy and the county emergency manager shall ensure that appropriate safety

equipment is available. All supervisors shall be knowledgeable in how to access the safety

equipment at all times. The county may coordinate with local fire departments or contracted

vendors to obtain the necessary safety equipment.

801.5 TRAINING

The Training Sergeant shall be responsible for ensuring that all facility personnel receive

appropriate training in the use of appropriate safety equipment and the identification, handling and

disposal of hazardous waste. Training records shall be maintained, including the course roster,

curriculum, instructor name and credentials, and testing instruments.

801.6 SUPERVISOR RESPONSIBILITY

Supervisors are responsible for monitoring any hazardous waste containment issue, ensuring that

employees have the appropriate safety equipment, that any exposed persons receive immediate

medical treatment, and that the appropriate measures are taken to lessen the exposure of others.

Supervisors shall ensure that incident reports are completed and forwarded to the Chief Deputy

in the event of an exposure to staff, inmates or visitors.

Policy

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Housekeeping and Maintenance

802.1 PURPOSE AND SCOPE

The purpose of this policy is to establish guidelines to ensure that the facility is kept clean and in

good repair in accordance with accepted federal, state and county standards.

802.2 POLICY

The Chief Deputy shall establish housekeeping and maintenance plans that address all areas of

the facility. The plan should include, but is not limited to (15 CCR 1280):

• Schedules that determine the frequency of cleaning activities on a daily, weekly or

monthly timetable, by area of the facility.

• Supervision of the staff and inmates to ensure proper implementation of the

procedures and to ensure that no inmate supervises or assigns work to another

inmate.

• Development and implementation of an overall sanitation plan (e.g., cleaning,

maintenance, inspection, staff training, inmate supervision).

• Development of inspection forms.

• All inmate responsibilities, which should be included in the inmate handbook.

• A process to ensure that deficiencies identified during inspections are satisfactorily

corrected and documented.

• Detailed processes for the procurement, storage and inventory of cleaning supplies

and equipment.

• A process for the preventive maintenance of equipment and systems throughout the

facility.

• Staff supervision of the provision and use of cleaning tools and supplies.

To the extent possible, cleaning and janitorial supplies shall be nontoxic to humans. Any

poisonous, caustic or otherwise harmful substances used for cleaning shall be clearly labeled and

kept in a locked storage area.

802.3 SANITATION SCHEDULE

A daily, weekly and monthly cleaning schedule will be established by the housing unit supervisor.

The facility staff should implement a site specific plan for cleaning and maintenance of each

area of the jail (e.g., housing, food preparation, laundry, loading dock/trash storage, barber shop,

warehouse, common areas). The following recommendations include, but are not limited to,

specific areas and items:

(a) Daily cleaning:

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1. Sweep and then wet mop the entire jail floor

2. Clean all cell block areas

3. Empty all trash receptacles

4. Clean all toilets and sinks

5. Clean all showers

(b) Weekly cleaning:

1. Dust bars and window ledges

2. Clean air conditioning/heating grates

3. Clean mattresses (mattresses are also to be cleaned prior to being issued to

a new inmate)

4. Pour water down floor drains to test for flow

1. Walls

2. Ceilings

3. Bunk pans

802.3.1 TRAINING

All custodial staff and inmate workers assigned cleaning duties shall receive instruction

commensurate with their tasks, including proper cleaning techniques, the safe use of cleaning

chemicals and areas of responsibility.

802.4 TRAINING

All custodial staff and inmate workers assigned cleaning duties shall receive instruction

commensurate with their tasks, including proper cleaning techniques, the safe use of cleaning

chemicals and areas of responsibility.

802.5 INSPECTION CHECKLIST

The Chief Deputy or the authorized designee should develop an inspection checklist that includes

the cleaning and maintenance items that will be checked by supervisors on a daily, weekly and

monthly basis throughout the facility.

The inspection checklist will closely correspond to the established cleaning and maintenance

schedule.

Inspection checklists shall be forwarded to the Chief Deputy or the authorized designee for annual

review, filing and retention as required by the established records retention schedule.

Policy

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Physical Plant Compliance with Codes

803.1 PURPOSE AND SCOPE

The purpose of this policy is to establish the timeline, process and responsibilities for facility

maintenance, inspections and equipment testing in compliance with all applicable federal, state

and local building codes.

803.2 POLICY

It is the policy of this office that all construction of the physical plant (renovations, additions, new

construction) will be reviewed and inspected in compliance with all applicable federal, state and

local building codes. All equipment and mechanical systems will be routinely inspected, tested

and maintained in accordance with applicable laws and regulations.

803.3 COMPLIANCE WITH CODES AND STATUTES

Plumbing, sewage disposal, solid waste disposal and plant maintenance conditions will comply

with rules and regulations imposed by state regulatory entities governing such practices.

803.4 RESPONSIBILITIES

The Chief Deputy shall be responsible for establishing and monitoring the facility maintenance

schedule, the inspection schedules of the Shift Commanders and deputies, and ensuring that any

deficiencies discovered are corrected in a timely manner.

Copies of the local jurisdiction's applicable health and sanitation codes shall be kept in the facility

by the Chief Deputy or the authorized designee. The Chief Deputy or the authorized designee

is responsible for developing internal health and sanitation inspection checklists, for maintaining

valid licensing and sanitation certificates and inspection reports, and for proof of corrective actions.

803.5 PROCEDURE

All safety equipment (e.g., emergency lighting, generators, and an uninterruptible power source

(UPS)) shall be tested at least quarterly. Power generators and UPS equipment should be

inspected weekly and load-tested quarterly or according to the manufacturer's instructions. All

completed inspection forms shall be kept on file for review by the appropriate office committees

or external agencies.

Any remodeling or new construction shall have prior approval of the local fire, building and health

authorities. Any required plans and permits will be procured prior to the commencement of any

changes to the facility.

The following areas of the facility shall be inspected and evaluated for functionality, wear, and

rodent or pest infestation. The list is not meant to be all inclusive:

• Admissions

• Food services

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• Inmate housing

• Laundry

• Barbershop

• Loading dock/trash storage

• Warehouse

• Water systems and plumbing

• Emergency generators

• Fire safety equipment

• The entire physical structure of the facility, including, roof, walls, exterior doors,

mechanical systems and lighting

803.6 PLUMBING - FLOOR DRAINS

Floor drains must be flushed weekly and all traps must contain water to prevent the escape of

sewer gas. Grids and grates must be present.

Policy

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Water Supply

804.1 PURPOSE AND SCOPE

The Monterey County Sheriff's Office recognizes the importance of providing the facility with safe,

potable water. The purpose of this policy is to establish guidelines for testing the facility's water

to ensure that the water is safe to consume.

804.2 POLICY

In compliance with standards set by law, this facility will ensure the continued supply of safe

potable water for use by inmates, staff and visitors through rigorous annual testing of water

supplies (42 USC § 300f et seq.).

804.3 PROCEDURE

The Chief Deputy shall ensure that the facility's potable water source is tested by an independent

public or private testing service at least once each year. Water quality will be certified to be in

compliance with all state and local regulations. Corrective measures shall be promptly taken if the

test results fall below acceptable regulatory standards.

In the event that water testing reveals any significant hazards to the inmates or staff at the facility,

the Sheriff, Chief Deputy and the Office health authority shall take immediate action to mitigate

the problem.

The testing results, valid certificates of the sampling entity and the testing laboratory shall be kept

in accordance with established records retention schedules.

Where the facility's water supply is obtained from a private source, the source shall be properly

located, constructed and operated to protect it from contamination and pollution and the water

shall meet all current standards set by the applicable state and/or local authority regarding

bacteriological, chemical and physical tests for purity.

For facilities not served by a public or regulated private water supply, the water should be tested

daily by the local authority within the facility's jurisdiction.

804.4 EMERGENCY PLAN

The Chief Deputy and the Office health authority shall develop a plan for the supply of potable

water for drinking and cooking in the event that a man-made or natural disaster interrupts the

regular water supply. The plan shall address methods for providing clean potable water for a

minimum of three days, and should have contingency plans for emergencies lasting longer than

three days. The plan should also include contingencies for the use of non-potable water to flush

toilets and remove effluent from the facility.

Policy

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Vermin and Pest Control

805.1 PURPOSE AND SCOPE

The purpose of this policy is to establish inspection, identification and eradication processes

designed to keep vermin and pests controlled in accordance with the requirements established

by all applicable laws, ordinances and regulations of the local public health entity.

805.2 POLICY

It is the policy of this office that vermin and pests be controlled within the facility (15 CCR 1280).

The Chief Deputy or the authorized designee shall be responsible for developing and implementing

this policy, in cooperation with the Responsible Physician and the local public health entity, for the

sanitation and control of vermin and pests, and to establish medical protocols for treating inmate

clothing, personal effects and living areas, with specific guidelines for treating an infested inmate

(15 CCR 1264).

805.3 PEST CONTROL SERVICES

The Chief Deputy or the authorized designee shall be responsible for procuring the services of

a licensed pest control professional to perform inspections of the facility at least monthly and to

treat areas as required to ensure that vermin and pests are controlled.

805.4 PREVENTION AND CONTROL

Many infestations and infections are the result of a recently admitted inmate who is vermin infested

or whose property is vermin infested. Most infestations are spread by direct contact with an

infected person or with infested clothing and bedding. Inmates with lice or mites should be treated

with approved pediculicides as soon as the infestation is identified to avoid spreading it. To reduce

the chance of further transmission, separate quarters for inmates undergoing treatment for lice

should be used as described in the Communicable Diseases Policy.

Because the use of the treatment chemicals can cause allergic reactions and other negative

effects, treatment should be done only when an infestation is identified and not as a matter of

routine.

Clothing, bedding and other property that is suspected of being infested shall either be removed

from the facility or cleaned and treated by the following methods, as appropriate or as directed by

the pest control provider or the Responsible Physician (15 CCR 1264):

• Washing in water at 140 degrees for 20 minutes

• Tumbling in a clothes dryer at 140 degrees for 20 minutes

• Dry cleaning

• Storing in sealed plastic bags for 30 days

• Treating with an insecticide specifically labeled for this purpose

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Head lice and their eggs are generally found on the head hairs. There may be some uncertainty

about the effectiveness of some available pediculicides to kill the eggs of head lice. Therefore,

some products recommend a second treatment seven to 10 days after the first. During the interim,

before the second application, eggs of head lice could hatch and there is a possibility that lice

could be transmitted to others.

Pubic lice and their eggs are generally found on the hairs of the pubic area and adjacent hairy

parts of the body, although they can occur on almost any hairy part of the body, including the hair

under the arm and on the eyelashes.

Pubic lice and their eggs are generally successfully treated by the available pediculicides.

However, when the eyelashes are infested with pubic lice and their eggs, a physician should

perform the treatment.

Successful treatment depends on careful inspection of the inmate and proper application of the

appropriate product. The area used to delouse inmates needs to be separate from the rest of the

facility. All of the surfaces in the treatment area must be sanitized. There must be a shower as

part of the delousing area.

The supervisor shall document the date of treatment, the area treated, the pest treated and the

treatment used.

805.5 LABELING AND SECURE STORAGE OF COMPOUNDS

Containers of pest exterminating compounds shall be conspicuously labeled for identification of

contents. The containers shall be securely stored separately from food and kitchenware, and shall

not be accessible by inmates.

Policy

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Inmate Safety Program

806.1 PURPOSE AND SCOPE

The purpose of this policy is to establish a safety program to reduce inmate injuries by analyzing

causes of injuries and identifying and implementing corrective measures.

806.2 POLICY

The Monterey County Sheriff's Office will provide a safe environment for individuals confined at

this facility, in accordance with all applicable laws, by establishing an effective safety program,

investigating inmate injuries and taking corrective actions as necessary to reduce accidents and

injury (15 CCR 1280).

The Sheriff shall appoint a staff member who will be responsible for the development,

implementation and oversight of the safety program. This program will include, but not be limited

to:

• A system to identify and evaluate hazards, including scheduled inspections to identify

unsafe conditions.

• Analysis of inmate injury reports to identify causes and to recommend corrective

actions.

• Establishment of methods and procedures to correct unsafe and/or unhealthful

conditions and work practices in a timely manner.

806.3 INVESTIGATION OF REPORTED INMATE INJURY

Whenever there is a report of an injury to an inmate that is the result of accidental or intentional

acts, other than an authorized use of force by custody staff, the Sheriff or the authorized designee

will initiate an investigation to determine the cause of the injury and develop a plan of action

whenever a deficiency is identified. Injuries resulting from use of force incidents will be investigated

and reported in accordance with the Use of Force Policy.

806.4 INVESTIGATION REPORTS

The Shift Commander shall ensure that reports relating to an inmate's injury are completed and

should include the following:

• Incident reports

• Investigative reports

• Health record entries

• Any other relevant documents

Policy

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Inmate Hygiene

807.1 PURPOSE AND SCOPE

This policy outlines the procedures that will be taken to ensure the personal hygiene of every

inmate in the Monterey County Sheriff's Office jail is maintained. The Monterey County Sheriff's

Office recognizes the importance of each inmate maintaining acceptable personal hygiene

practices by providing adequate bathing facilities, hair care services and the issuance and

exchange of clothing, bedding, linens, towels and other necessary personal hygiene items.

807.2 POLICY

It is the policy of the Monterey County Sheriff's Office facility to maintain a high standard of hygiene

in compliance with the requirements established by all state laws, ordinances and regulations (15

CCR 1069(b)(3)). Compliance with laws and regulations relating to good inmate hygiene practice

is closely linked with good sanitation practices. Therefore, the need to maintain a high level of

hygiene is not only for the protection of all inmates, but for the safety of the correctional staff,

volunteers, contractors and visitors.

807.3 STORAGE SPACE

There should be adequate and appropriate storage space for inmates' bedding, linen or clothing.

The inventory of clothing, bedding, linen and towels should exceed the maximum inmate

population so that a reserve is always available (15 CCR 1263).

The facility should have clothing, bedding, personal hygiene items, cleaning supplies and any other

items required for the daily operation of the facility, including the exchange or disposal of soiled

or depleted items. The assigned staff shall ensure that the storage areas are properly maintained

and stocked. The Chief Deputy should be notified if additional storage space is needed.

807.3.1 BEDDING ISSUE

Upon entering a living area of the Monterey County Sheriff's Office jail, every inmate who is

expected to remain overnight shall be issued bedding and linens including but not limited to (15

CCR 1270):

(a) Sufficient freshly laundered blankets to provide comfort under existing temperature

conditions. Blankets shall be exchanged and laundered in accordance with facility

operational laundry rules.

(b) One clean, firm, nontoxic, fire-retardant mattress (16 CFR 1633.1 et seq.).

1. Mattresses will be serviceable and enclosed in an easily cleanable,

nonabsorbent material and conform to the size of the bunk. Mattresses will be

cleaned and disinfected when an inmate is released or upon reissue.

2. Mattresses shall meet the most recent requirements of the State Fire Marshal,

the Bureau of Home Furnishings’ test standard for penal mattresses, and any

other legal standards at the time of purchase (15 CCR 1272).

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(d) One clean bath towel.

Linen exchange, including towels, shall occur at least weekly and shall be documented in the daily

activity log (15 CCR 1271). The Shift Commander shall review the daily activity log at least once

per shift.

The Chief Deputy or the authorized designee shall conduct both scheduled and unannounced

inspections of the facility to ensure that bedding issuance policies and procedures are carried out

in accordance with the applicable laws and regulations.

807.3.2 CLOTHING ISSUE

An inmate admitted to the facility for 72 hours or more and assigned to a living unit shall be issued

a set of facility clothing. The issue of clothing appropriate to the climate for inmates shall include

but is not limited to the following (15 CCR 1260):

•

Clean socks

•

Clean outer garments

•

Clean undergarments

• Males - shorts and undershirt

• Females - bra and two pairs of panties

•

Footwear

An inmate who is issued a change of clothing upon admission to the facility may have his/her

personal clothing returned after laundering, at the discretion of the Chief Deputy.

Clothing shall be exchanged twice each week, at a minimum (15 CCR 1262). All exchanges shall

be documented on the daily activity log. The Shift Commander or unit supervisor shall review the

daily activity log at least once per shift.

Additional clothing may be issued as necessary for changing weather conditions or as seasonally

appropriate. An inmate’s personal undergarments and footwear may be substituted for the

institutional undergarments and footwear, provided there is a legitimate medical necessity for the

items and they are approved by the medical staff.

Each inmate assigned to a special work area, such as food services, medical, farm, sanitation,

mechanical, and other specified work, shall be clothed in accordance with the requirements of the

job, including any appropriate protective clothing and equipment, which shall be exchanged as

frequently as the work assignment requires (15 CCR 1261).

The Chief Deputy or the authorized designee shall conduct both scheduled and unannounced

inspections of the facility to ensure that clothing issuance policies and procedures are carried out

in accordance with the applicable laws and regulations.

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The Chief Deputy or the authorized designee shall ensure that the facility maintains a sufficient

inventory of extra clothing to ensure each inmate shall have neat and clean clothing appropriate

to the season.

An inmate’s excess personal clothing shall be mailed, picked up by, or transported to a designated

family member or stored in containers designed for such purpose. All inmate personal property

shall be properly identified, inventoried, and secured. Inmates shall sign and receive a copy of

the inventory record.

807.4 LAUNDRY SERVICES

Laundry services shall be managed so that daily clothing, linen and bedding needs are met.

807.5 INMATE ACCOUNTABILITY

To ensure inmate accountability, inmates are required to exchange item for item when clean

clothing, bedding and linen exchange occurs.

Prior to being placed in a housing unit, inmates shall be provided with an inmate handbook listing

this requirement.

807.6 PERSONAL HYGIENE OF INMATES

Personal hygiene items, hair care services, and facilities for showers will be provided in

accordance with applicable laws and regulations. This is to maintain a standard of hygiene among

inmates in compliance with the requirements established by state laws as part of a healthy living

environment.

Each inmate held more than 24 hours, who is unable to supply him/herself with the following

personal care items because of either indigency or the absence of an inmate canteen, shall be

issued the following items (15 CCR 1265):

•

Toothbrush

•

Dentifrice

•

Soap

•

Comb

•

Shaving implements

•

Sanitary pads, panty liners, and tampons as requested at no cost (Penal Code §

4023.5)

The Chief Deputy or the authorized designee may modify this list to accommodate the use of liquid

soap and shampoo dispensers. Personal hygiene items should be appropriate for the inmate’s

sex. Additional hygiene items shall be provided to inmates upon request, as needed.

Inmates shall not be required to share personal care items or disposable razors (15 CCR 1265).

Used razors are to be disposed into approved sharps containers. Other barbering equipment

capable of breaking the skin must be disinfected between individual uses, as prescribed by the

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California Board of Barbering and Cosmetology to meet the requirements of 16 CCR 979 and 16

CCR 980 (15 CCR 1267(c)).

Inmates, except those who may not shave for reasons of identification in court, shall be allowed

to shave daily (15 CCR 1267(b)). The Chief Deputy or the authorized designee may suspend this

requirement for any inmate who is considered a danger to him/herself or others.

807.6.1 SANITATION

The Monterey County Sheriff's Office jail shall maintain sanitary conditions in accordance with the

requirements established by all applicable laws, ordinances and regulations, and the local health

authority. Sanitation in barbering operations is of the highest concern because of the possible

transfer of diseases by direct contact with towels, combs, scissors, clippers and other items that

are commonly used for hair care. Equipment shall be disinfected after each use by a method

approved by the State Board of Barbering and Cosmetology to meet the requirements of 16 CCR

§ 979 and 16 CCR § 970 (15 CCR § 1267(c)).

807.6.2 HAIR CARE SPACE

Due to sanitation concerns, the hair care services should be located in a room that is used only

for that purpose. The floors, walls, cabinets, countertops and ceilings should be smooth, non-

absorbent and easily cleanable. The room must be supplied with a hand-washing sink with hot and

cold water under pressure. The minimum hot water temperature must comply with local building

and health department standards.

Each barbering room should have all the equipment necessary for maintaining sanitary procedures

for hair care, including approved, covered metal containers for waste, disinfectants, laundered

towels and a means of separating sanitized equipment from soiled equipment.

After each haircut, all tools that came into contact with the inmate shall be thoroughly cleaned and

sanitized according to established guidelines and regulations.

Regulations with detailed hair care cleaning and sanitation requirements shall be posted in a

conspicuous place for use by all hair care personnel and inmates. Single-use items, such as cotton

pads and neck strips, shall be properly disposed of immediately after a single use.

Barbers or beauticians shall not provide hair care service to any inmate when the skin of the face,

neck or scalp is inflamed, or when there is scaling, pus or other evidence of skin eruptions, unless

it is performed in accordance with the specific written authorization of the Responsible Physician.

Any person infested with head lice shall not be given hair care service until cleared by the medical

staff.

The Training Sergeant shall ensure that all barbers and beauticians are properly trained to ensure

they comply with the requirements of this policy.

The hair care services area shall be maintained and kept clean according to the requirements of

the state or local board of barbering and cosmetology and the health department standards.

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807.6.3 SCHEDULE FOR HAIR CARE PROCEDURE

Inmates shall have the ability to receive hair care services once per month. Records of hair care

service shall be documented in the housing log book.

Prior to being placed in a housing unit, inmates will be given an inmate handbook, which details

how to request hair care services.

807.7 BARBER AND COSMETOLOGY SERVICES

The Chief Deputy or the authorized designee shall be responsible for developing and maintaining

a schedule for hair care services provided to the inmate population and will have written policies

and procedures for accessing these services (see the Grooming Policy). The Chief Deputy shall

ensure that the rules are included in the inmate handbook.

807.7.1 SCHEDULE FOR HAIR CARE SERVICES

Inmates shall have the ability to receive hair care services once per month (15 CCR 1267(b)).

Records of hair care services shall be documented in the daily activity log.

Prior to being placed in a housing unit, inmates will be given an inmate handbook, which details

how to request hair care services.

807.8 AVAILABILITY OF PLUMBING FIXTURES

Inmates confined to cells or sleeping areas shall have access to toilets and washbasins with hot

and cold running water that is temperature controlled. Access shall be available at all hours of the

day and night without staff assistance.

The minimum number of plumbing fixtures provided for inmates in housing units is:

•

One sink/washbasin for every 10 inmates (24 CCR 1231.3.2(2)).

•

One toilet to every 10 inmates (urinals may be substituted for up to one-third of the

toilets in facilities for male inmates) (24 CCR 1231.3.1).

807.9 INMATE SHOWERS

Inmates will be allowed to shower upon assignment to a housing unit and at least every other

day thereafter, or more often if possible (15 CCR 1266). There should be one shower for every

20 inmates unless federal, state, or local building or health codes differ. Showering facilities for

inmates housed at this facility shall be clean and properly maintained. Water temperature shall

be periodically measured to ensure a range of 100 to 120 degrees for the safety of inmates and

staff, and shall be recorded and maintained (24 CCR 1231.3.4).

Transgender and intersex inmates shall be given the opportunity to shower separately from other

inmates (28 CFR 115.42).

807.10 DELOUSING MATERIALS

Delousing materials and procedures shall be approved through consultation with the Responsible

Physician or qualified health care professionals.

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807.11 RESPONSIBILITIES

The Chief Deputy shall ensure the basic necessities related to personal care are provided to each

inmate upon entry into the general population. Appropriate additional personal care items may be

available for purchase from the inmate commissary.

807.12 ADDITIONAL PRIVACY REQUIREMENTS

Inmates shall be permitted to shower, perform bodily functions, and change clothing without non-

medical staff of the opposite sex viewing their breasts, buttocks, or genitalia, except in exigent

circumstances or when such viewing is incidental to routine cell checks. Staff of the opposite sex

shall announce their presence when entering an inmate housing unit (28 CFR 115.15).

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Chapter 9 - Food Services

Policy

900

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Food Services

900.1 PURPOSE AND SCOPE

The Office recognizes the importance of providing nutritious food and services to inmates to

promote good health, to reduce tension in the jail and ultimately support the safety and security

of the jail. This policy provides guidelines on the preparation of food services items and dietary

considerations for inmates housed in the facility.

900.2 POLICY

It is the policy of this office that food services shall provide inmates with a nutritionally balanced

diet in accordance with federal, state and local laws, and with regulations for daily nutritional

requirements (15 CCR 1241 et seq.).

The food services operation shall be sanitary and shall meet the acceptable standards of food

procurement, planning, preparation, service, storage and sanitation in compliance with Food and

Drug Administration (FDA) and United States Department of Agriculture (USDA) requirements

and standards set forth in Health and Safety Code § 113700 et seq. (15 CCR 1245(a)).

900.3 FOOD SERVICES MANAGER

The food services manager shall be responsible for oversight of the day-to-day management and

operation of the food services area, including:

• Developing, implementing and managing a budget for food services.

• Ensuring sufficient staff is assigned and scheduled to efficiently and safely carry out

all functions of food services operations.

• Establishing, developing and coordinating appropriate training for staff and inmate

workers.

• Developing a menu plan that meets all nutrition and portion requirements and can be

produced within the available budget.

• Other duties and activities as determined by the Chief Deputy.

900.4 MENU PLANNING

All menus shall be planned, dated and available for review at least one month in advance of their

use (15 CCR 1242). Records of menus and of foods purchased shall be kept on file for one month.

Menus shall provide a variety of foods and should consider food flavor, texture, temperature,

appearance and palatability. Menus shall be approved by a registered dietitian or nutritionist before

being served to ensure the recommended dietary allowance for basic nutrition meets the needs

of the appropriate age group.

Any changes to the meal schedule, menu or practices should be carefully evaluated by the

food services manager in consultation with the Chief Deputy, dietician, medical staff and other

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professionals, and shall be recorded. All substitutions will be of equal or better nutritional value. If

any meal served varies from the planned menu, the change shall be noted in writing on the menu

and/or production sheet.

Menus as planned, including changes, shall be evaluated by a registered dietitian at least

annually (15 CCR 1242). Facility menus shall be evaluated at least quarterly by the food services

supervisory staff to ensure adherence to established daily servings.

Copies of menus, foods purchased, annual reviews and quarterly evaluations should be

maintained by the food services manager in accordance with established records retention

schedules.

900.4.1 FREQUENCY OF MEAL SERVICE

Meals shall be served three times in a 24-hour period with at least one being a hot meal unless

otherwise required by state law or regulations. Any deviation from this requirement shall be subject

to the review and approval of a registered dietitian to ensure that inmates receive meals that meet

nutritional guidelines.

Approved snacks should be served to inmates if more than 14 hours pass between meals.

Approved snacks should also be served between meals to inmates on medical diets as prescribed

by the responsible physician or registered dietitian.

900.5 FOOD SAFETY

Temperatures in all food storage areas should be checked and recorded at the beginning of each

shift, but shall be checked and recorded at least once daily. Holding temperatures for cold and hot

foods shall be checked and recorded every two hours. Hot food shall be reheated to 165 degrees

if it falls below 135 degrees at any time.

All reach-in or walk-in refrigerators and cold storage must maintain food temperature below 41

degrees. All freezers, other than during the defrosting cycle, must maintain a temperature of 0

degrees or lower.

One sample for each meal served shall be dated and maintained under refrigeration for testing in

the event of a food-borne illness outbreak. Sample meals shall be discarded at the end of three

days if no food-borne illness is reported.

Food production shall be stopped immediately if there is any sewage backup in the preparation

area or if there is no warm water available for washing hands. Food production shall not resume

until these conditions have been corrected (15 CCR 1245(a)).

900.6 THERAPEUTIC DIETS

The food services manager shall be responsible for ensuring that all inmates who have been

prescribed therapeutic diets by qualified health care professionals are provided with compliant

meals. A therapeutic diet manual, which includes samples of medical diets, shall be maintained

in the health services and food services areas for reference and information.

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More complete information may be found in the Prescribed Therapeutic Diets Policy.

Women who are known to be pregnant or lactating shall be provided a balanced, nutritious diet

approved by a physician (15 CCR 1248).

900.7 RELIGIOUS DIETS

The Food Services Manager, to the extent reasonably practicable, will provide special diets for

inmates in compliance with the parameters of the Religious Programs Policy and the Religious

Land Use and Institutionalized Persons Act (RLUIPA).

When religious diets are provided, they shall conform to the nutritional and caloric requirements

for non-religious diets (15 CCR 1241).

900.8 FOOD SERVICES REQUIREMENTS

All reasonable efforts shall be made to protect inmates from food-borne illness. Food services staff

shall adhere to sanitation and food storage practices and there shall be proper medical screening

and clearance of all food handlers in accordance with the Food Services Workers' Health, Safety

and Supervision Policy (15 CCR 1230).

Food production and services will be under staff supervision. Food production, storage and food

handling practices will follow the appropriate federal, state or local sanitation laws (15 CCR 1246).

900.9 MEAL SERVICE PROCEDURE

Inmate meals that are served in a dining room or day room should be provided in space that allows

groups of inmates to dine together, with a minimum of 15 square feet of space per inmate. A dining

area shall not contain toilets or showers in the same room without appropriate visual barriers.

Meals shall be served at least three times during each 24-hour period. At least one meal must

include hot food. Any deviation from this requirement shall be subject to the review and approval

of a registered dietitian to ensure that inmates receive meals that meet nutritional guidelines.

Inmates must be provided a minimum of 15 minutes dining time for each meal. There must be

no more than 14 hours between a substantial evening meal and breakfast. A substantial evening

meal is classified as a serving of three or more menu items at one time to include a high quality

protein, such as meat, fish, eggs or cheese. The meal shall represent no less than 20 percent of

the day's total nutrition requirements. If more than 14 hours pass between meals, approved snacks

will be provided. If a nourishing snack is provided at bedtime, up to 16 hours may elapse between

the substantial evening meal and breakfast. A nourishing snack is classified as a combination of

two or more food items from two of the four food groups, such as cheese and crackers or fresh

fruit and cottage cheese.

Inmates who miss, or may miss, a regularly scheduled meal must be provided with a beverage and

a sandwich or substitute meal. Approved snacks should be served to inmates on medical diets

in less than the 14-hour period if prescribed by the Responsible Physician or registered dietitian.

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Inmates on medical or therapeutic meals who miss their regularly scheduled meal will be provided

with their prescribed meal (15 CCR 1240).

As the meal time approaches, facility staff should direct the inmates to get dressed and be ready for

meals. Inmates should be assembled and a head count taken, to verify all inmates in the housing

location are present. Staff should be alert to signs of injury or indications of altercations, and should

investigate any such signs accordingly. Staff should remain alert to the potential for altercation

during inmate movement and meals. Meals shall be served under the direct supervision of staff.

Staff should direct an orderly filing of inmates to the dining room or assigned seating in the day

room. Staff should identify inmates who have prescribed therapeutic or authorized religious diets

so those inmates receive their meals accordingly.

It shall be the responsibility of the deputies to maintain order and enforce rules prohibiting

excessive noise and intimidation of other inmates to relinquish food during mealtime.

The dining room shall have an area designated for inmates who have been prescribed a longer

time to eat by qualified health care professionals, a dietitian or as deemed appropriate by a

supervisor.

To the extent reasonably practical, an adequate number of food services staff and correctional

personnel should supervise meal service in central dining areas. If reasonably possible, the

supervisor should be present.

The Shift Commander should make every attempt to be present during meal services in central

dining areas to assess the meal service process, the quality of food and any health or security

issues.

In the interest of security, sanitation and vermin control, inmates shall not be allowed to take food

from the dining area to their housing areas.

900.10 EMERGENCY MEAL SERVICE PLAN

The food services manager shall establish and maintain an emergency meal service plan for the

facility (15 CCR 1243(k)).

Such a plan should ensure that there is at least a seven-day supply of food maintained in storage

for inmates. In the event of an emergency that precludes the preparation of at least one hot meal

per day, the Chief Deputy may declare an "Emergency Suspension of Standards" pursuant to 15

CCR 1012 for the period of time the emergency exists.

During an emergency suspension, the food services manager shall assign a registered dietician

to ensure that minimum nutritional and caloric requirements are met (15 CCR 1242). The Chief

Deputy shall notify the Board of State and Community Corrections (BSCC) in writing in the event

the suspension lasts longer than three days. The emergency suspension of food service standards

shall not continue more than 15 days without the approval of the chairperson of the BSCC (15

CCR 1012).

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In the event that the inmate food supply drops below that which is needed to provide meals for two

days, the Chief Deputy or the authorized designee shall purchase food from wholesale or retail

outlets to maintain at least a four-day supply during the emergency.

Depending on the severity and length of the emergency, the Sheriff should consider requesting

assistance from allied agencies through mutual aid or the National Guard.

Policy

901

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Food Services Training

901.1 PURPOSE AND SCOPE

The purpose of this policy is to reduce the risk of potential injury to staff, contractors and inmate

workers in the food services areas by developing and implementing a comprehensive training

program in the use of equipment and safety procedures.

901.2 POLICY

The Monterey County Sheriff's Office ensures a safe and sanitary environment is maintained for

the storage and preparation of meals through the appropriate training of food services staff and

inmate workers (15 CCR 1230; 15 CCR 1243(g); 15 CCR 1245(a)).

901.3 TRAINING

The food services manager, under the direction of the Chief Deputy, is responsible for ensuring

that a training curriculum is developed and implemented in the use of equipment and safety

procedures for all food services personnel, including staff, contractors and inmate workers.

The training shall include, at minimum:

(a) Work safety practices and use of safety equipment.

(b) Sanitation in the facility's food services areas.

(d) Proper use of chemicals in food services areas.

(e) Employing safe practices.

(f) Facility emergency procedures.

A statement describing the duties and proper time schedule should be developed for each job

function in the facility's kitchen and food services operation. The food services manager, at the

direction of the Chief Deputy, shall establish an employee/kitchen worker training course, and all

staff or inmate workers shall be trained on how to assemble, operate, clean and sanitize kitchen

equipment.

Information about the operation, cleaning and care of equipment, including manufacturer's

literature, that is suitable for use as reference material shall be kept in the food services operation

area. The reference material should be used in developing training on the use of the equipment

and the maintenance and cleaning procedures.

Safety and sanitation shall be the primary consideration in equipment purchase and replacement.

Placement and installation of equipment must be carefully planned to facilitate cleaning, sanitizing,

service and repairs. The equipment must also meet any applicable government codes.

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901.4 TESTING

A test should be developed to determine and document that the food services worker understands

the proper procedures demonstrated during training. Food services workers are required to pass

the test in order to work in the food services area. Upon achievement of a passing score, the food

services worker shall acknowledge receipt of the training in writing. The signed document shall be

forwarded to the Training Sergeant and retained in the worker's training file. Contracted service

providers should be required to provide documentation and certification of their employees. Only

trained personnel are authorized to use food services equipment.

901.5 BRIEFING TRAINING

The food services manager should consider daily briefing training as a method of staff

development. Regular and repetitive trainings of short duration (8 to 10 minutes) at the beginning

of each shift are an effective and cost efficient way to maintain the competency of staff. A lesson

plan and record of attendance should be incorporated into the briefing training. Records of all

training, including training for contract workers, should be forwarded to the Training Sergeant

and maintained in the worker's training files in accordance with established records retention

schedules.

Policy

902

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Dietary Guidelines

902.1 PURPOSE AND SCOPE

The purpose of this policy is to ensure that the nutritional needs of the inmates are met and that

overall health is promoted through the use of balanced nutritious diets.

902.2 POLICY

It is the policy of this office that diets provided by this facility will meet or exceed the guidelines

established in the current publications of the Dietary Reference Intakes (DRI) of the Food and

Nutrition Board, Institute of Medicine of the National Academies, the California Food Guide (CFG)

and the U.S. Department of Agriculture’s Dietary Guidelines for Americans (DGA).

902.3 REVIEW OF DIETARY ALLOWANCES

The food services manager is responsible for developing the facility’s menus and shall ensure that

all menus served by food services comply with the nutritional and caloric requirements found in

the 2011 DRI, 2008 CFG, and the 2015-2020 DGA guidelines (15 CCR 1241). Any deviation from

these guidelines shall be reviewed by the Sheriff and/or the Chief Deputy and the Responsible

Physician.

The food services manager or the authorized designee shall ensure that the facility’s menus and

dietary allowances are evaluated annually by a registered dietitian, and that any changes meet

the DRI, CFG, and DGA guidelines. A registered dietitian must approve menus before they are

used (15 CCR 1242).

Menus should be evaluated at least quarterly by the food services manager or the authorized

designee.

902.4 MENU CYCLE PLANNING

The food services manager or the authorized designee should plan the menus one month in

advance of their use.

Any changes to the menu must be recorded and kept until the next annual inspection (15 CCR

1242). Any menu substitutions must use better or similar items.

Menus should include the following minimum food group allowances per day (15 CCR 1241):

(a) Dairy Group: Three servings of pasteurized fat-free or low-fat milk fortified with

Vitamins A and D or food providing at least 250 mg. of calcium and equivalent to 8

ounces of fluid milk. One serving can be from a fortified food containing at least 150

mg. of calcium. Women who are known to be pregnant or lactating should receive four

servings of milk or milk products.

(b) Vegetable-Fruit Group: Five servings of fruits and vegetables. At least one daily

serving, or seven servings per week, shall be from each of the following three

categories:

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1. One serving of a fresh fruit or vegetable.

2. One serving of a Vitamin A source, fruit or vegetable, containing at least 200

micrograms retinol equivalents or more.

3. One serving of a Vitamin C source containing at least 30 mg. or more.

whole grains.

(d) Protein Group: Three servings of lean meat, fish, eggs, cooked dry beans, peas, lentils,

nuts, peanut butter, or textured vegetable protein, equivalent to 14 grams or more of

protein. The daily requirements shall be equal to three servings for a total of 42 grams

per day or 294 per week. In addition, a fourth serving from the legumes category shall

be served three days a week.

(e) A daily or weekly average of the food group’s requirement is acceptable.

(f) Saturated dietary fat should not exceed 10 percent of the total calories on a weekly

basis. Fat shall be added only in minimum amounts necessary to make the diet

palatable. Facility diets shall consider the recommendations and intentions of the

2015-2020 DGA of reducing overall sugar and sodium levels.

Additional servings of dairy, vegetable-fruit, and grain groups must be provided in amounts to

meet caloric requirements when the minimum servings outlined in the requirements above are not

sufficient to meet the caloric requirements of an inmate.

Policy

903

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Food Services Workers Health Safety and

Supervision

903.1 PURPOSE AND SCOPE

The purpose of this policy is to establish basic personal health, hygiene, sanitation and safety

requirements to be followed by all food services workers and to ensure the proper supervision of

food services staff and inmate workers.

903.2 POLICY

The Monterey County Sheriff's Office will ensure that meals are nutritionally balanced, safe and

prepared and served in accordance with applicable health and safety laws. All inmate food

services workers will be properly supervised by custody staff to ensure safety and security at all

times (15 CCR 1243(h)).

903.3 FOOD SERVICES MANAGER RESPONSIBILITIES

The food services manager is responsible for developing and implementing procedures to ensure

that all meals are prepared, delivered and served only under direct supervision by staff.

Work assignments shall be developed to ensure that sufficient food services staff is available to

supervise inmate food services workers. The food services manager should coordinate with the

corrections supervisor to ensure that sufficient correctional staff is available to supervise inmate

meal service.

The food preparation area must remain clean and sanitary at all times. The food services manager

or the authorized designee shall post daily, weekly and monthly cleaning schedules for the

equipment and food preparation area.

903.4 MEDICAL SCREENING

The food services manager shall work cooperatively with the Responsible Physician to develop

procedures to minimize the potential for spreading contagious disease and food-borne illness. In

an effort to prevent the spread of illness, the following shall be strictly observed (15 CCR 1230):

(a) All food services workers shall have a pre-employment/pre-assignment medical

examination, in accordance with local requirements, to ensure freedom from diarrhea,

skin infections and other illnesses transmissible by food or utensils.

(b) Periodic reexaminations of food services workers shall be given to ensure freedom

from any disease transmissible by food or utensils.

with the standards set forth in the applicable government health and safety codes.

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(d) A supervisor shall inspect and monitor all persons working in any food services area

on a daily basis for health and cleanliness, and shall remove anyone exhibiting any

signs of food-transmissible disease from any food services area.

(e) Any person working in any food services area who is diagnosed by a qualified health

care professional with a contagious illness should be excluded from the food services

areas until medically cleared to return to work.

(f) All food handlers shall wash their hands when reporting for duty and after using toilet

facilities. Aprons shall be removed and secured in a clean storage area before entering

the toilet facility.

(g) Food services workers shall wear disposable plastic gloves and a protective hair

covering, such as a hat or hairnet, when handling or serving food. Gloves shall be

changed after each task is completed.

(h) Any outside vendor must submit evidence of compliance with state and local

regulations regarding food safety practices.

(i) Smoking at any time is prohibited in any food services area.

(j) Documentation of compliance with all of the above and with any other risk-minimizing

efforts implemented to reduce food transmissible disease shall be maintained in

accordance with established records retention schedules.

(k) All food services workers shall report to a supervisor any information about their health

and activities in accordance with health and safety codes as they relate to diseases

that are transmittable through food, (e.g., open sores, runny nose, sore throat, cough,

vomiting, diarrhea, fever, recent exposure to contagious diseases such as Hepatitis

A or tuberculosis).

Any food services worker is prohibited from handling food or working in any food services area

if he/she reports symptoms such as vomiting, diarrhea, jaundice, sore throat with fever or has

a lesion containing pus, such as a boil or infected wound that is open or draining. Food service

workers shall only return to work in food service areas when cleared by a qualified health care

professional.

903.5 TRAINING REQUIREMENTS FOR FOOD SERVICES WORKERS

The food services manager is responsible for developing and implementing a training program

for inmate food services that includes food safety, proper food-handling techniques and personal

hygiene. Each inmate food services worker shall satisfactorily complete the initial training prior to

being assigned to prepare, deliver or serve food. Food services workers should receive periodic

supplemental training as determined by the food services manager (15 CCR 1243(g)).

The training curriculum for inmate food services workers should include, at minimum, the following

topics:

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• Proper hand-washing techniques and personal hygiene as it applies to food services

work

• Proper application and rotation of gloves when handling food

• Proper use of protective hair coverings, such as hats or hairnets

• Wearing clean aprons and removing aprons prior to entering toilet facilities

• Maintaining proper cooking and holding temperatures for food

• Proper portioning and serving of food

• Covering coughs and sneezes to reduce the risk of food-borne illness transmission

• Reporting illness, cuts or sores to the custody staff in charge

903.6 SUPERVISION OF INMATE WORKERS

Only personnel authorized to work in the food preparation area will be allowed inside. Inmate

food handlers working in the kitchen must be under the supervision of a staff member (15 CCR

1243(h)). The Chief Deputy will appoint at least one qualified staff member, who will be responsible

for the oversight of daily activities and ensuring food safety. The appointed staff member must be

certified by passing the American National Standards Institute food safety manager certification

examination.

Sufficient custody staff shall be assigned to supervise and closely monitor inmate food services

workers. Staff shall ensure that inmate food services workers do not misuse or misappropriate

tools or utensils, and that all workers adhere to the following:

• Correct ingredients are used in the proper proportions.

• Food is maintained at proper temperatures.

• Food is washed and handled properly.

• Food is served using the right utensils and in the proper portion sizes.

• Utensils such as knives, cutting boards, pots, pans, trays and food carts used in the

preparation, serving or consumption of food are properly washed and sanitized after

use. Disposable utensils and dishes will not be reused.

• All utensils are securely stored under sanitary conditions when finished.

903.7 SUPERVISION OF THE FOOD SUPPLY

The risk of conflict and protest is reduced when the inmate population has confidence in the safety

and quality of their food. Custody staff should supervise the transport and delivery of food to the

respective serving areas. Custody staff should ensure the food is protected during transportation,

delivered to the right location efficiently and under the right temperatures.

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Food services staff should report any suspected breech in the safety or security of the food supply.

Staff should be alert to inmate behavior when serving food, and cognizant of any comments

concerning perceived contamination or portioning issues. Staff should report any suspicion of

inmate unrest to a supervisor.

Any change to the published menu or the standard portioning should be documented and reported

to the food services manager as soon as practicable.

Policy

904

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Food Preparation Areas

904.1 PURPOSE AND SCOPE

This policy is intended to ensure the proper design and maintenance of the food preparation area.

904.2 POLICY

It is the policy of this office to comply with all federal, state and local laws and regulations

concerning the institutional preparation of food.

904.3 COMPLIANCE WITH CODES

The Chief Deputy is responsible for ensuring that food preparation and service areas are in

compliance with all applicable laws and regulations and that food preparation areas are sanitary,

well lit, ventilated and have adequate temperature-controlled storage for food supplies (15 CCR

1245(a)).

Any physical changes in the food preparation area, such as changing equipment or making major

menu changes (from cold production to hot food), must be approved by the local public health

entity to ensure adequate food protection.

Living or sleeping quarters are prohibited in the food preparation and food services areas (Health

and Safety Code § 114286).

The food preparation area must avoid cross contamination and remain free from vermin infestation

(Health and Safety Code § 114259).

904.4 CONSTRUCTION REQUIREMENTS

All remodeling and new construction of food preparation areas shall comply with federal, state

and local building codes, comply with food and agricultural laws and standards and include any

required approvals from any local regulatory authority (Health and Safety Code § 113700 et seq.).

The food preparation area shall be sized to include space and equipment for adequate food

preparation for the facility's population size, type of food preparation and methods of meal services.

Floors, floor coverings, walls, wall coverings and ceilings should be designed, constructed and

installed so they are smooth, non-absorbent and attached so that they are easily cleanable (Health

and Safety Code § 114268; Health and Safety Code § 114271).

Except in the area used only for dry storage, porous concrete blocks or bricks used for interior

walls shall be finished and sealed for a smooth, non-absorbent, easily cleanable surface.

Food storage areas shall be appropriately clean, sized, typed and temperature-controlled for the

food being stored (Health and Safety Code § 114047).

Lighting throughout the kitchen and storage areas shall be sufficient for staff and inmates to

perform necessary tasks (Health and Safety Code § 114252).

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Mechanical ventilation of sufficient capacity to keep rooms free of excessive heat, steam,

condensation, vapors, obnoxious odors, smoke and fumes shall be provided if necessary (Health

and Safety Code § 114149(a)).

All equipment used in the food preparation area shall be commercial grade and certified by

the American National Standards Institute or approved by a registered environmental health

professional/sanitarian (Health and Safety Code § 114130).

Dishwashing machines will operate in accordance with the manufacturer recommendations and

hot water temperatures will comply with federal, state and local health requirements (Health and

Safety Code § 114101).

Equipment must be smooth, easy to clean, and easy to disassemble for frequent cleaning.

Equipment should be corrosion resistant and free of pits, crevices or sharp corners.

Dry food storage must have sufficient space to store a minimum of 15 days of supplies and be

stored in compliance with the provisions of Health and Safety Code § 114047.

904.5 TOILETS AND WASHBASINS

Adequate toilet and washbasin facilities shall be located in the vicinity of the food preparation area

for convenient sanitation and proper hygiene. Toilet facilities shall be completely enclosed and

shall have tight-fitting, self-closing, solid doors, which shall be closed except during cleaning and

maintenance.

Signs shall be conspicuously posted throughout the food preparation area and in each restroom

informing all food services staff and inmate workers to wash their hands after using the restroom.

Signs shall be printed in English and in other languages as may be dictated by the demographic

of the inmate population.

To reduce the potential for contaminants being brought into the food preparation area, toilet

facilities in the vicinity of the food preparation area should be limited to use by the food services

staff and inmate workers only. Anyone working in the food services area must store their aprons

in a designated clean area before entering the toilet facilities.

The food services manager shall be responsible for procedures to ensure:

(a) All fixtures in the toilet facilities are clean and in good operating condition.

(b) A supply of toilet tissue is maintained at each toilet at all times. Toilet facilities used

by women shall have at least one covered waste receptacle.

available and is kept clean and in good operating condition. Single-dispensing soap

and a method for drying hands shall be provided at all times (Health and Safety Code

§ 113953.3).

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If the toilet facility is outside of the kitchen area, food services workers must wash their hands after

using the toilet facility and again upon returning to the kitchen area before preparing or serving

food.

Policy

905

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Food Budgeting and Accounting - 454

Food Budgeting and Accounting

905.1 PURPOSE AND SCOPE

The purpose of this policy is to establish processes that will enable the facility's food services to

operate within its allocated budget, and for the development of specifications for purchasing food,

equipment and supplies for the delivery of food services.

905.2 POLICY

The Monterey County Sheriff's Office food services facilities shall serve nutritious meals in an

efficient and cost-effective manner in accordance with applicable laws and standards (15 CCR

1243(i)).

905.3 FOOD SERVICES MANAGER RESPONSIBILITIES

The food services manager is responsible for establishing a per meal, per inmate budget for food,

equipment and supplies that are needed for the effective operation of the facility food services. This

includes monitoring purchases according to the budgeted weekly and monthly spending plans.

The volume for purchasing should be based upon the food services needs and storage availability.

The food services manager is responsible for establishing and maintaining detailed records and

proper accounting procedures, and should be prepared to justify all expenditures and establish

future budget requirements.

905.4 PROCEDURE

The food services manager is responsible for ensuring that food services are delivered in an

efficient and cost-effective manner by employing the following procedures, including, but not

limited to:

(a) Developing an annual budget that is realistically calculated according to previous

spending data and available revenue, and lists all anticipated costs for the food

services operation for the coming year.

(b) Establishing a per meal, per inmate cost using an inventory of existing supplies and

planned purchases, minus the anticipated ending inventory (15 CCR 1243(i)).

should include, but not be limited to, the date and time of service and the number of:

1. Meals prepared and served for each meal period.

2. Meals served per location.

3. Prescribed therapeutic diet meals served.

4. Authorized religious diet meals served.

5. Authorized disciplinary isolation diet meals served.

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(d) Ensuring that food is purchased from an approved wholesale/institutional vendor to

ensure food safety.

(e) Bulk-purchasing nonperishable items to maximize the budget dollars (15 CCR

1243(b)).

(f) Continuous monitoring and improvement to minimize poor food management and/or

accounting, including, but not limited to:

1. Following planned menus.

2. Inspection of food deliveries to ensure the right quantity is delivered and the

condition of the food is acceptable.

3. Purchasing food that is in season.

4. Purchasing the grade of product best suited to the recipe.

5. Following standard recipes.

6. Producing and portioning only what is needed.

7. Minimizing food production waste and establishing appropriate food storage and

rotation practices, including proper refrigeration.

8. When reasonably practicable, responding to the inmate's food preferences.

9. Establishing minimum staffing requirements based on the layout and security

requirements of the facility.

10. Budgeting adequately for equipment repair and replacement, factoring in

any labor cost savings, the need for heavy-duty equipment with corrections

packages for safety, and inmate abuse.

(g) Establishing purchasing specifications, which are statements of minimum quality

standards and other factors, such as quantity and packaging. A basic specification

should contain (15 CCR 1243(b)):

1. The common name of the product.

2. The amount to be purchased.

3. The trade, federal or other grade or brand required.

4. The container size and either an exact, or a range of the number of pieces in

a shipping container.

5. The unit on which prices are to be quoted (e.g., 6/#10 cans, 10/gallons).

(h) Establishing accounting procedures for financial statements and inventory control.

(i) Maintaining records of invoices, purchase orders, meal count sheets, food production

records, therapeutic and religious diet records, inventory of food, supplies and

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equipment for the required period of time, as mandated by the governing body of the

facility.

905.5 MONTHLY REPORTING

The food services manager is responsible for ensuring that accurate meal record data is collected

and maintained. Meal records should include, but not be limited to, the number of (15 CCR 1243(j)):

(a) Meals prepared and served for each meal period.

(b) Meals served per location.

(d) Authorized religious diet meals served.

(e) Authorized disciplinary isolation diet meals served.

A monthly report summarizing all data should be provided to the Chief Deputy.

All meal records shall be retained in accordance with office retention schedules and state statutory

regulations.

Policy

906

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Inspection of Food Products - 457

Inspection of Food Products

906.1 PURPOSE AND SCOPE

The purpose of this policy is to establish methods by which the Food and Drug Administration

(FDA) and/or the United States Department of Agriculture (USDA) inspections and/or approvals

are conducted on any food products grown or produced within the jail system.

906.2 POLICY

The Monterey County Sheriff's Office will ensure the safety and quality of all food products grown

or produced at this facility through routine inspections and approvals, as required by law.

906.2.1 FOOD INSPECTION PROCEDURES

The food services manager is responsible for developing procedures for ensuring that all food

used in the food services operation has been inspected and/or approved to standards established

by statute, and that the delivery of all foodstuffs to the jail kitchens and to the inmates occurs

promptly to reduce the risk of any food-borne illness or contamination.

The food services manager shall establish inspection procedures in accordance with established

standards and statutes. Such procedures shall include, but are not limited to:

(a) The FDA or USDA inspection and/or approval of all food products grown or produced

by this facility prior to distribution.

(b) A system of periodic audits and inspections of the facility and of all raw material

suppliers, either by custody staff or by a third-party vendor.

training activities, raw material handling procedures, activities, cleaning and sanitation

activities, cleanliness testing, correction efforts, record-keeping practices and the

proper use of sign-off logs shall be developed and implemented.

(d) Processes of evaluating the effectiveness of training, and validating cleanliness

through testing (e.g., swabs, bioluminescence and visual, taste and odor evaluations),

shall be created and implemented. Records of all such activities shall be documented.

(e) Documentation of any recommendations for continuous quality improvement and

their implementation, with the intent of eliminating deficiencies. Documentation should

include a post-deployment verification of the correction.

(f) The food services manager is responsible for ensuring adherence to the following

practices, including, but not limited to:

1. The scope of food products being grown or processed internally is well-defined.

2. All critical processes are validated to ensure consistency and compliance with

specifications.

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3. Any changes to the process are evaluated for effectiveness.

4. There are clearly, written instructions and procedures for the staff and inmates

to follow.

5. The staff and inmates are trained to perform all established tasks and document

all necessary procedures.

6. Physical barriers for separating raw and cooked food-processing areas are

established and maintained.

7. The traffic flow of workers is designed to minimize the risk of any cross-

contamination.

8. All drains are used and cleaned properly, within industry standards.

9. Proper equipment and/or tools are provided and designated for specific use.

10. All persons working in the food services areas are wearing proper clothing and

protective devices at all times.

11. All persons working in the food services areas wash their hands properly and

frequently.

12. Only authorized personnel are allowed in the food processing areas.

13. Only potable water is used for growing or washing produce.

14. The distribution of all prepared food is done in a manner that reduces the risk

of food-borne illness or contamination.

Policy

907

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Food Services Facilities Inspection - 459

Food Services Facilities Inspection

907.1 PURPOSE AND SCOPE

The purpose of this policy is to establish guidelines for inspecting food services areas and facilities

to ensure a safe and sanitary environment for staff and inmates.

907.2 POLICY

It is the policy of the Monterey County Sheriff's Office that the food services area be maintained in

a safe, sanitary condition by conducting regularly scheduled inspections, both by facility staff and

by an outside independent inspection authority as may be required by law (15 CCR 1245(a)).

907.3 CLEANING AND INSPECTIONS BY STAFF

The food services manager shall ensure the dining and food preparation areas and all equipment

in the food services area are inspected weekly. Adequate hot and cold water should be available

in the kitchen. Water temperature of all fixtures, including washing equipment, should be checked

and recorded weekly to ensure compliance with the required temperature range. Deficiencies

noted by inspections shall be promptly addressed.

A cleaning schedule for each food services area shall be developed and posted for easy reference

by staff, and shall include areas such as floors, walls, windows and vent hoods. Equipment, such

as chairs, tables, fryers and ovens, should be grouped by frequency of cleaning as follows:

• After each use

• Each shift

• Daily

• Weekly

• Monthly

• Semi-annually

• Annually

The food services manager is responsible for establishing and maintaining a record-keeping

system to document the periodic testing of sanitary conditions and safety measures, in accordance

with established records retention schedules. At the direction of the Chief Deputy or the authorized

designee, the food services manager shall take prompt action to correct any identified problems.

907.3.1 SAFETY INSPECTION CHECKLIST

The following items should be part of the weekly inspection:

• Lighting is adequate and functioning properly.

• Ample working space is available.

• Equipment is securely anchored.

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• There are suitable storage facilities, minimizing the risk of falling objects.

• Floors are clean, dry, even and uncluttered.

• Machines have proper enclosures and guards.

• A clear fire safety passageway is established and maintained.

• Fire extinguishers and sprinkler systems are available, not expired and are tested

regularly.

• The food preparation area has good ventilation.

• Furniture and fixtures are free from sharp corners, exposed metal and splintered wood.

• All electrical equipment is in compliance with codes and regulations.

• All workers wear safe clothing, hair coverings, gloves and protective devices while

working.

• All workers are in good health, with no symptoms of illness or injury that would pose

a risk to food safety.

• All ranges, ovens and hot holding equipment are clean and in good operating

condition.

• Mixers and attachments are clean and in good operating condition.

• Dishwashing machines are clean and in good operating condition, and proper

chemicals are in use.

• Water temperatures for hand sinks, ware washing sinks and dishwashing machines

meet minimum acceptable temperatures.

• All hand-washing stations have free access, soap, hot and cold running water under

pressure and a method to dry hands.

• Toilet facilities are in good repair and have a sufficient supply of toilet paper.

• All temperature charts and testing documents are current, accurate and periodically

reviewed and verified by the food services manager.

• Only authorized personnel are allowed in the kitchen area.

• Foods are labeled and stored properly using the first-in first-out system.

• The refrigerators and freezers are in good operating condition and maintain proper

temperature.

• There is no evidence of cross-connection or cross-contamination of the potable water

system.

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907.4 CONTRACTING FOR INSPECTION

The food services manager is responsible for ensuring that the food services operation works in

accordance with all state and local laws and regulations.

The Chief Deputy shall contract with an independent, outside source for periodic inspection of

the food services facilities and equipment, to ensure that established state and local health and

safety codes have been met.

Documentation of the inspections, findings, deficiencies, recommended corrective actions and

verification that the corrective standards were implemented will be maintained by the facility in

accordance with established records retention schedules.

A contract for services from an independent and qualified inspector should include, but is not

limited to, the following components:

(a) The inspector should conduct a pre-inspection briefing with the Chief Deputy and other

appropriate personnel, including the food services manager, to identify the applicable

government health and safety codes and the areas to be inspected. The inspector

should provide the necessary equipment to conduct the inspection.

(b) The inspector should audit the policies and procedures of the food services operation.

the following meet acceptable standards:

1. Walls, ceilings and floors are in good condition, smooth and easily cleanable.

2. The kitchen layout is properly designed to avoid cross-contamination.

3. The kitchen is properly lighted and ventilated.

4. The temperature controlled storage areas are in good operating condition and

proper temperatures are being maintained.

5. Dry foods are properly stored off the floor, away from the walls and ceilings.

6. There is no sign of vermin infestation.

7. All equipment is in good and sanitary condition and is certified by one of the

American National Standards Institute certification agencies e.g., Underwriters

Laboratories, or Extract, Transform and Load, and the National Science

Foundation product certification marks.

8. The dishwashing equipment is clean, in good operating condition and maintains

proper washing and rinsing temperatures.

9. There is no evidence of cross-contamination between the potable and

contaminated water systems.

10. The ware washing area is clean and supplied with proper chemicals and Material

Safety Data Sheets.

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11. The food is properly stored, labeled and rotated according to first-in first-out

procedures.

12. The food services staff and inmate workers are wearing clean uniforms and

practice proper personal hygiene.

13. All food services workers are trained for proper food handling and there is a

person in charge who is responsible for the food safety of the facility.

14. There are ample hand-washing stations supplied with warm water under

pressure, soap, a method to dry hands, a waste container and employee hand-

washing signs.

Any deficiencies should be noted by the inspector in his/her inspection report, and

recommendations made for corrective action.

At the exit interview, the inspector should cite any violations according to the government health

and safety codes.

The inspector should conduct a follow-up inspection to verify the deficiencies have been corrected

as recommended.

The food services manager should provide the Chief Deputy with a plan to implement the

recommended corrections in a timely manner and schedule a post-correction inspection with the

original independent inspector.

Policy

908

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Food Storage

908.1 PURPOSE AND SCOPE

The purpose of this policy is to establish food storage methods that are designed to meet

manufacturer's recommendations, Health and Safety Codes, state laws and local ordinances, and

to safely preserve food, extend storage life and reduce food waste.

908.2 POLICY

Food and food supplies will be stored in sanitary and temperature-controlled areas, in compliance

with state and local health laws and standards (15 CCR 1243(c); 15 CCR 1245(a)).

908.3 PROCEDURES

The food services manager shall be responsible for establishing procedures to ensure the safe

preservation and storage of food in the most cost-effective manner, beginning with the receipt of

the raw materials through the delivery of prepared meals.

When receiving food deliveries, food services staff shall inspect the order for quality and freshness,

and shall ensure that the order is correct by checking the order received against the order form.

All delivery vehicles shall be inspected by food services staff to make certain that the vehicles

are clean, free from vermin infestations and are maintained at the appropriate temperature for the

type of food being carried.

If food quality and freshness do not meet commonly accepted standards or if it is determined that

proper storage temperatures have not been maintained, the employee checking the order in will

refuse the item and credit the invoice.

Any food destined for return to the vendor should be stored separately from any food destined

for consumption. The food services manager will contact the vendor and arrange for replacement

of the unacceptable food items.

Storage temperatures in all food storage areas should be checked and logged on a daily basis.

Records of the temperature readings should be maintained in accordance with established records

retention schedules.

An evaluation system should be established for food stored in any area with temperature readings

outside the normal range, and should include contingency plans for menu changes, food storage

relocation or food destruction, as indicated. All actions taken to ensure the safety of the food served

should be documented and retained in accordance with established records retention schedules.

908.4 DRY FOOD STORAGE

Canned items and dry food that does not need refrigeration should be stored in a clean, dry, secure

storage area where temperatures are maintained between 45 and 80 degrees. Temperatures shall

be monitored and recorded once each day on a checklist.

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All dry items shall be stored at least 6 inches off the floor and at least 6 inches away from any

wall. Only full unopened cans and containers shall be stored in the storerooms. Open containers

and packages shall be appropriately stored in the working or holding areas.

All storage areas will be kept locked when they are not in actual use. New food shipments shall

be placed behind existing like items and rotated using a first-in first-out rotation method.

Personal clothing and personal items shall not be stored in food storage areas.

908.4.1 MAINTENANCE OF DRY FOOD STORAGE AREAS

Inmate workers or staff should clean the storage areas at least once each day by sweeping and

mopping all floors and wiping down shelves and walls. Any damaged items should be inspected

for spoilage and repackaged or discarded as appropriate. Food services staff should inspect the

storage areas to ensure they are clean and orderly. Staff will document the inspection and record

the daily temperature on the storage area checklist (15 CCR 1243(m)).

908.5 REFRIGERATED AND FROZEN STORAGE

Unless health codes dictate otherwise, refrigerators must be kept between 32 and 41 degrees.

Deep chill refrigerators will be set between 28 and 32 degrees for cook-chill products, dairy and

meat items, to extend shelf life. Freezers shall be maintained at 32 degrees or below.

All freezer and refrigerator storage areas should have at least two thermometers to monitor

temperatures. One thermometer should have a display visible to the outside. The second

thermometer shall be placed in the warmest place inside the storage area. Daily temperature

readings shall be recorded on the storage area checklist. Any variance outside of acceptable

temperature range shall be immediately addressed.

All food must be covered and dated when stored. Cooked items shall not be stored beneath

raw meats. Cleaned vegetables shall be stored separately from unwashed vegetables. Storage

practices shall use a first-in first-out rotation method.

908.5.1 MAINTENANCE OF REFRIGERATED AND FREEZER AREAS

Refrigeration storage units should be cleaned daily, including mopping floors and wiping down

walls. A more thorough cleaning should occur weekly to include dismantling and cleaning shelves.

Food services staff should inspect the contents of freezers and storage units daily to ensure all

items are properly sealed and labeled (15 CCR 1243(m)).

908.5.2 STORAGE OF CLEANING SUPPLIES AND MATERIALS

The storage of soaps, detergents, waxes, cleaning compounds, insect spray and any other toxic

or poisonous materials are kept in a separate, locked storage area to prevent cross contamination

with food and other kitchen supplies.

908.6 WASTE MANAGEMENT

The food services manager shall develop and maintain a waste management plan that ensures the

garbage is removed daily (15 CCR 1243(l)). This plan also should include methods to minimize the

waste of edible food and to dispose of non-edible or waste food material without utilizing a landfill.

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Policy

909

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Clinician-Prescribed Therapeutic Diets - 466

Clinician-Prescribed Therapeutic Diets

909.1 PURPOSE AND SCOPE

The purpose of this policy is to ensure that inmates who require prescribed therapeutic diets as a

result of a diagnosed medical condition are provided with nutritionally balanced therapeutic meals

that are medically approved and meet nutritional and safety standards.

909.2 POLICY

The Responsible Physician, in consultation with the food services manager, shall (15 CCR 1248):

(a) Develop written procedures that identify individuals who are authorized to prescribe

a therapeutic diet.

(b) The therapeutic diets utilized by this facility shall be planned, prepared and served

with consultation from a registered dietitian.

(d) The Chief Deputy and the Responsible Physician shall ensure that the therapeutic

diet manual, which includes sample menus of therapeutic diets, shall be available in

both the health services and food services work areas for reference and information.

A registered dietitian shall review, and the Responsible Physician shall approve, the

therapeutic diet manual on an annual basis.

As a best practice, all therapeutic diet prescriptions should be reviewed and rewritten, if

appropriate, on a quarterly basis. This is to reduce the risk of an inmate developing an adverse

medical condition or nutritional effect as the result of a diet that is inconsistent with the inmate's

current medical needs. A diet request form should be made available to inmates.

Pregnant or lactating women shall be provided a balanced, nutritious diet approved for pregnant

women by a physician (15 CCR 1248).

909.3 STAFF COMMUNICATION/COORDINATION

It is the responsibility of the health authority to compile a daily list of all inmates who are prescribed

therapeutic diets. The list should contain the following information:

(a) Inmate's name

(b) Inmate's identification number

(d) Inmate's therapeutic diet type

(e) Special remarks or instructions

Any time inmates are assigned to a different housing area, custody staff must notify the food

services personnel immediately.

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909.4 PREPARATION AND DELIVERY OF MEALS

The food services manager or the authorized designee is responsible for reviewing the therapeutic

diet lists prepared by the Responsible Physician, counting the number and type of therapeutic

meals to be served and preparing the food according to the therapeutic menu designed by the

registered dietitian.

Therapeutic diets may include snacks and oral supplements. Snacks and supplements should be

distributed with regularly scheduled meal service or may be distributed with inmate medications.

Individual labels or written documents containing the following information should be prepared by

the kitchen, clearly identifying each meal and any included snacks:

(a) Inmate's name

(b) Inmate's identification number

(d) Inmate's therapeutic diet type

(e) A list of items provided for the meal

The custody staff responsible for meal distribution shall ensure that any inmate who has been

prescribed a therapeutic meal by the Responsible Physician or the authorized designee receives

the prescribed therapeutic meal. Inmates who receive a therapeutic meal should sign for receipt

of the meal.

Therapeutic meal receipts should be retained in the inmate's medical record for an amount of time

necessary to resolve any dispute about the receipt or composition of a prescribed meal.

Unless a therapeutic diet was prescribed with a specific end date, only the Responsible Physician

or the authorized designee may order that a therapeutic diet be discontinued.

Inmates who are receiving therapeutic diets must receive clearance from the Responsible

Physician before he/she may receive a religious or disciplinary diet.

If prescribed by the Responsible Physician, supplemental food shall be served to inmates more

frequently than the regularly scheduled meals. An inmate who misses a regularly scheduled meal

shall receive his/her prescribed meal.

909.5 THERAPEUTIC AND RELIGIOUS MEAL RECORDS

Inmates receiving prescribed therapeutic diet meals and/or authorized religious diet meals must

sign a document indicating the following:

• Inmate's name

• Inmate's identification number

• Housing location or dining location where the meals will be delivered

• Inmate's therapeutic diet type

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• A list of items provided for the meal

All information regarding a therapeutic diet is part of an inmate's medical record and is therefore

subject to state and federal privacy laws concerning medical records.

All meal records shall be retained in accordance with established retention schedules and

applicable statutory regulations.

Policy

910

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Disciplinary Separation Diet - 469

Disciplinary Separation Diet

910.1 PURPOSE AND SCOPE

This policy establishes the requirement for providing inmates disciplinary separation diets when

they are ordered for disciplinary reasons. The disciplinary separation diet will only be utilized after

all of the provisions of the Disciplinary Separation section of the Disciplinary Separation Policy

are implemented.

910.2 PROCEDURE

The food services manager shall prepare the disciplinary separation diet after receiving directions

from the Chief Deputy. Records of providing this diet shall be maintained by the food services

manager.

The disciplinary separation diet shall be served twice during each 24-hour period and shall consist

of one-half of a vegetable/meatloaf (see recipe below) per meal (or a minimum of 19 ounces of

cooked loaf). The loaf shall be accompanied by two slices of whole wheat bread and at least one

quart of water if the inmate does not have access to a water supply. The use of the disciplinary

separation diet is an exception to the “three meals per day” policy described in the Food Services

Policy (15 CCR 1247(a)).

910.3 DISCIPLINARY SEPARATION DIET RECIPE

The disciplinary separation diet shall consist of the following (15 CCR 1247(b)) :

(a) 2 ½ oz. nonfat dry milk

(b) 4 ½ oz. raw grated potato

(d) 1 ½ oz. tomato juice or puree

(e) 4 ½ oz. raw cabbage, chopped fine

(f) 7 oz. lean ground beef, turkey, or rehydrated, canned, or frozen Textured Vegetable

Protein (TVP)

(g) 2 ½ fl. oz. oil

(h) 1 ½ oz. whole wheat flour

(i) ¼ tsp. salt

(j) 4 tsp. raw onion, chopped

(k) 1 egg

(l) 6 oz. dry red beans, pre-cooked before baking (or 16 oz. canned or cooked red kidney

beans)

(m) 4 tsp. chili powder

These ingredients should be shaped into a loaf and baked at 350-375 degrees for 50-70 minutes.

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910.4 POLICY

It is the policy of this office to provide disciplinary separation diets as allowed by state law.

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Inmate Programs - 471

Chapter 10 - Inmate Programs

Policy

1000

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Inmate Programs and Services - 472

Inmate Programs and Services

1000.1 PURPOSE AND SCOPE

The purpose of this policy is to establish the programs and services that are available to inmates.

The programs and services exist to motivate offenders toward positive behavior while they are in

custody. The policy identifies the role and responsibilities of the Programs Sergeant, who manages

a range of programs and services.

1000.2 POLICY

The Monterey County Sheriff's Office will make available to inmates a variety of programs and

services subject to resources and security concerns. Programs and services offered for the

benefit of inmates may include social services, faith-based services, recreational activities, library

access, educational/vocational training, alcohol and drug abuse recovery programs and leisure

time activities (15 CCR 1070).

1000.3 PROGRAMS SERGEANT RESPONSIBILITIES

The Programs Sergeant is selected by the Chief Deputy and is responsible for managing the

inmate programs and services, including the following:

(a) Research, plan, budget, schedule, and coordinate security requirements for all inmate

programs and services.

(b) Develop or procure programs and services as authorized by the Chief Deputy (15

CCR 1070).

or educational programs (e.g., school districts, Department of Social Services, health

educators, substance abuse counselors).

(d) Develop, maintain, and make available to inmates the schedule of programs and

services.

(e) Develop policies and procedures, and establish rules for the participation of inmates

in the programs and services.

(f) Develop and maintain records on the number and type of programs and services

offered, as well as inmate attendance at each offering.

(g) Establish controls to verify that the content and delivery of programs and services are

appropriate for the circumstances.

(h) Accumulate data and prepare monthly and annual reports as directed by the Chief

Deputy.

(i) Ensure inmates are not denied access to educational and vocational programs based

solely on their indigent status.

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1000.4 SECURITY

All programs and services offered to benefit inmates shall adhere to the security and classification

requirements of this facility. To the extent practicable, the Programs Sergeant will develop

individualized programs and services for inmates who are housed in high-security or administrative

segregation.

1000.5 DISCLAIMER

Inmate programs are provided at the sole discretion of the Monterey County Sheriff's Office in

keeping with security interests, available resources and best practices.

Nothing in this policy is intended to confer a legal right for inmates to participate in any program

offered other than what is required by law or that which is medically required.

Policy

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Inmate Welfare Fund

1001.1 PURPOSE AND SCOPE

The Office is authorized to maintain a fund derived from proceeds from the commissary, vending

machines, telephones and other inmate-related commerce activities to be used primarily to provide

welfare and education programs for the benefit of the inmate population.

1001.2 INMATE WELFARE FUND

TheChief Deputy, in cooperation with the Auditor/Controller, will establish and maintain an Inmate

Welfare Fund where proceeds derived from inmate telephones, commissary profits, vending

machines and other income intended for the support of inmate programs are deposited.

The Inmate Welfare Fund is allocated to support a variety of programs, services and activities

benefiting the general inmate population and enhancing inmate activities and programs. This

includes capital construction and improvement projects in support of such programs, services and

activities (Penal Code § 4025).

1001.3 INMATE WELFARE FUNDING SOURCES

Revenues and funding from the following sources shall be deposited into the Inmate Welfare Fund

account:

(a) All proceeds from commissary and canteen operations

(b) Proceeds from vending machines made available for inmate use

(d) Proceeds from the sale of inmates’ arts-and-crafts projects

(e) Donations

(f) Interest income earned by the Inmate Welfare Fund

1001.4 EXPENDITURE OF INMATE WELFARE FUNDS

The Inmate Welfare Fund shall be used solely for the welfare and benefit of the inmate population

or as otherwise permitted by law.

Expenditures permitted from the Inmate Welfare Fund include, but are not limited to, the following:

(a) Education programs

(b) Recreational goods and services, such as:

1. Recreational equipment, games and sporting goods

2. Televisions and cable/satellite subscriptions, video players and content media

3. Library books

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4. Vending machines

performing activities solely for the benefit of inmates or to facilitate inmate programs

(d) Welfare packages for indigent inmates

(e) Alcohol and drug treatment programs

(f) Office facility canteens, including vending machines available for inmate use

(g) Inmate trust accounting system

(h) Envelopes, postage and personal hygiene items for indigent inmates

(i) Approved non-prescription, over-the-counter health aids for inmate use

(j) Libraries designated for inmate use

(k) Visiting room equipment, supplies and services

(l) Inmate activity programs, including:

1. Equipment for television viewing

2. Visiting music/entertainment groups

3. Music equipment and supplies

4. Activities equipment, supplies and services

5. Repair of equipment purchased from the Inmate Welfare Fund

6. Food or supplies for special occasions

7. Inmate awards for the purpose of providing umpires or referees, and maintaining

activity equipment and apparel

8. Inmate tournaments and holiday events

9. Inmate club activities

10. Entertainment equipment, cable or satellite subscription services and other

related supplies

11. Materials for faith-based programs

1001.4.1 PROHIBITED EXPENDITURES OF INMATE WELFARE FUND

Except as permitted by law, the Inmate Welfare Fund shall not be used to fund activities associated

with any of the following:

(a) Security-related functions, including staff, safety equipment, radios, weapons or

control devices that are specifically designated for use by the custody staff in

maintaining the security, safety and order in the facility

(b) Food service, staff costs, equipment and supplies

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(d) Maintenance and upkeep of office facilities not otherwise permitted by law

(e) Janitorial services and supplies

(f) Transportation to court, medical appointments or other reasons not related to inmate

programs

(g) Any other normal operating expenses incurred by the day-to-day operation of the

Office

1001.4.2 EXPENDITURE FOR REENTRY PROGRAMS

Expenditures from the Inmate Welfare Fund are also permitted for programs that assist indigent

inmates with the reentry process within 30 days of release. These programs include work

placement, counseling, obtaining proper identification, education and housing (Penal Code §

4025.5).

1001.5 FINANCIAL ACCOUNTING OF INMATE WELFARE FUNDS

TheChief Deputy in cooperation with the Auditor/Controller shall maintain an accounting system

to be used for purchasing goods, supplies and services that support inmate programs (see the

Financial Practices Policy).

1001.5.1 ANNUAL REPORTING

The Chief Deputy is responsible for ensuring an annual report of expenditures from the Inmate

Welfare Fund is submitted annually to the County Board of Supervisors (Penal Code § 4025).

1001.6 POLICY

It is the policy of this office to maintain and administer an Inmate Welfare Fund that supports

inmate programs.

Policy

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Inmate Accounts

1002.1 PURPOSE AND SCOPE

This policy establishes guidelines and procedures for managing, handling and accounting of all

money belonging to inmates that is held for their personal use while they are incarcerated in this

facility.

1002.2 INMATE ACCOUNTS

The Office will establish an inmate account for the purpose of receiving funds from authorized

sources for inmate use. A separate account will be established for each inmate when he/she is

booked into this facility.

When an inmate is admitted to the jail, a written, itemized inventory of the money in the inmate's

possession shall be completed. Any subsequent deposits to the inmate's fund shall be inventoried

and documented. An inmate shall be issued a receipt for all money held until his/her release.

An inmate may use money in his/her inmate account for bail

or to purchase items from the inmate commissary. Inmates may

receive money via the kiosk in the lobby or by mail in the form of a money order.Inmates may

release money while in custody with the approval of the shift Sergeant. Funds will be made

available to inmates for their use in accordance with the rules and regulations established by the

Chief Deputy.

1002.3 FUNDING SOURCES

The inmate account will only accept funds for deposit from approved sources. Funds deposited

into an inmate's account will first be used to settle the inmate's negative balance, should one exist.

1002.3.1 DEPOSITS DURING BOOKING

With the exception of legally prescribed fees (e.g., booking fees, pay to stay), all money received

during the booking process shall be deposited to the inmate's account after the inmate signs an

acknowledgement agreeing to the amount.

1002.3.2 DEPOSITS THROUGH THE MAIL

All funds received by mail to be deposited to an inmate's account shall be delivered to the

cash person after being signed by the inmate.

Only money orders and checks issued by federal, state, county or city government agencies that

are received through the mail are acceptable for deposit into inmate accounts. Cash may be

accepted for deposit via the kiosk located in the Main Jail Lobby, All personal checks, payroll

checks and other unapproved monies will be forwarded to the personal property storage area and

placed in the inmate's property bag.

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1002.3.3 VISITOR DEPOSITS

Visitors may deposit money into the kiosk located in the Main Jail Lobby 24-Hours a

day. Or may send money orders to an inmate via mail.

1002.4 AUTHORIZATION FOR SELF-BAIL

Inmates wishing to use their personal funds as bail must sign an Authorization document. This

transaction document must be received by the cash person before the inmate's account can be

debited and a receipt issued.

1002.5 RELEASE OF FUNDS TO OTHER PERSONS

With a Supervisors Approval, Inmates wishing to release all or part of their personal funds to a

person who is not in custody must sign a cash withdrawal transaction document. The person to

whom the funds are to be released must contact the cashier, who will prepare a cash withdrawal

transaction document for the amount to be withdrawn, and will indicate to whom the money is to

be released. That person must furnish a valid driver's license or state-issued identification card to

the cashier. The cashier will then forward the cash withdrawal transaction document to the proper

housing area for the inmate's signature and approval.

1002.6 RELEASE FROM CUSTODY

The cashperson will receive the inmate files of the inmates scheduled for release. Each inmate's

account will be accessed and the monies deducted from the inmates accountand adjusted to show

a zero balance.

The cashperson will release the money to the inmate after the inmate endorses the account report.

1002.7 CASHIER RESPONSIBILITY

The cashperson will verify all funds received against the amounts recorded on the inmate account

financial record. The cashperson will then post the funds to the inmate's account and prepare a

receipt for the inmate.

At the end of every shift, each cashperson shall be responsible for balancing all transactions

completed during the shift and shall balance their cash drawer.

All monies shall be counted, verified against the transactions, bundled and placed in a designated

secure safe in accordance with Office finance rules.

Any unresolved discrepancies found during the balancing procedures shall be promptly reported.

The cashier reporting the discrepancies shall prepare a report showing the amount of the

discrepancy.

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The report shall include the following:

(a)

Date and time each cash discrepancy was discovered

(b)

Amount of overage or shortage

(c)

Explanation of the cause of the overage/shortage

(d)

Documentation used to identify the error

(e)

Recovery attempts

(f)

Name of person reporting the discrepancy

(g)

Name of person approving the report and the date approved

The supervisor shall initial the report prior to submission for final review.

1002.8 SECURE BANKING OF INMATE FUNDS

All monies collected by custody personnel shall be secured daily in an officially designated and

secure place, and verified by a supervisor.

1002.9 AUTOMATED KIOSKS

The use of automated kiosks for the deposit of monies into the inmate account or to transfer

inmate monies for the purchase of commissary or other authorized items will meet the financial

accounting requirements of this policy and other standard financial practices.

Policy

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Counseling Services

1003.1 PURPOSE AND SCOPE

The purpose of this policy is to establish a process for providing counseling and crisis intervention

services to inmates.

1003.2 POLICY

This office will provide counseling and crisis intervention services to any inmate who either

requests services or is determined by a health provider to be in need of counseling or crisis

intervention services. These services may be provided by:

(a)

Medical/mental health staff assigned to the facility.

(b)

Faith-based counseling by the chaplain or religious volunteers (see the Religious

Programs Policy).

(c)

Deputies assigned to the facility who have specific training and expertise in this area.

The Chief Deputy shall coordinate with the Responsible Physician to develop and confidentially

maintain records of counseling and crisis intervention services provided to inmates and to ensure

that those records are retained in accordance with established records retention schedules.

The Chief Deputy shall ensure that request forms are available and provided to inmates who

request counseling services. All inmate requests for counseling shall be forwarded to the Shift

Commander. If an inmate displays behavior indicating a need for counseling or crisis intervention

services, the facility employee shall notify the Shift Commander. The Shift Commander shall

assess the need and area of counseling and make a reasonable effort to provide the inmate

with the requested counseling as soon as reasonably practicable with consideration given to

facility security, scheduling and available resources. Inmates who are victims of a sexual abuse

or harassment incident will be informed of the availability and continuity of counseling (28 CFR

115.82; 28 CFR 115.83).

1003.3 NON-CRISIS COUNSELING

The Office shall, when reasonably practicable, make counseling services available to assist

inmates who are being released into the community.

Policy

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Inmate Exercise and Recreation

1004.1 PURPOSE AND SCOPE

The purpose of this policy is to establish guidelines and procedures ensuring that the Monterey

County Sheriff's Office facility will have sufficiently scheduled exercise and recreation periods and

sufficient space for these activities, as required by law.

1004.1.1 DEFINITIONS

Definitions related to this policy include:

Exercise - The physical exertion of large muscle groups.

Recreation - Activities that may include table games, watching television or socializing with other

individuals.

1004.2 RESPONSIBILITIES

The Chief Deputy or the authorized designee shall be responsible for ensuring there is sufficient

secure space allocated for physical exercise and recreation, and that a schedule is developed to

ensure accessibility to both activities for all inmates. At least three hours per week of exercise

opportunities shall be provided (15 CCR 1065).

1004.3 ACCESS TO EXERCISE

Inmates shall have access to exercise opportunities and equipment, including access to physical

exercise outside the cell and adjacent dayroom areas, and the opportunity to exercise outdoors

when weather permits.

The Shift Commander shall use the approved daily log sheet to document when inmates of like

classification status are scheduled to exercise each day and shall record the exercise of an inmate,

or that the inmate has declined outside exercise.

Daily log sheets should be collected monthly and forwarded to the Chief Deputy. Log sheets shall

be maintained in accordance with established records retention schedules.

1004.4 ACCESS TO RECREATION

Each inmate shall have access to the minimum state-required recreational (leisure-time) activities

outside the cell and adjacent dayroom areas (15 CCR 1065). The length of time will be determined

by the inmate’s classification status, security concerns, and operational schedules that preclude

recreation during a period of time (e.g., meal times, searches, lockdown, court). The staff should

ensure that the maximum time possible is provided to the inmates for this purpose.

Televisions, newspapers, table games, and other items may also be made available to enhance

recreation time. Consideration will be given to the passive or active recreational needs of older

inmates and inmates with disabilities.

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1004.4.1 USE OF THE INMATE WELFARE FUND

Monies derived from the Inmate Welfare Fund may be used to purchase and maintain recreational

equipment and supplies.

1004.5 SECURITY AND SUPERVISION

The staff supervising the inmates during exercise and recreation time shall document when each

inmate has the opportunity to exercise or recreate, and when each inmate actually participates.

Staff shall be responsible for inspecting exercise and recreational equipment to ensure it appears

safe for use. Broken equipment or equipment that is in an unsafe condition shall not be used.

Inmates will not be permitted to use equipment without supervision. All equipment shall be

accounted for before inmates are returned to their housing unit.

The supervising staff may terminate the exercise or recreation period and escort back to the

housing unit any inmate who continues to act in an aggressive or disorderly manner after being

ordered to stop by the staff. Whenever an exercise or recreation period is involuntarily terminated,

the staff will document the incident and rationale for terminating the exercise period. The Shift

Commander will determine whether disciplinary action is warranted.

1004.6 EXERCISE SPACE

Exercise areas, as specified by federal, state, and/or local laws or requirements, should be

sufficient to allow each inmate the required minimum of amount of exercise. Use of outdoor

exercise is preferred but weather conditions may require the use of covered/enclosed space.

Dayroom space is not considered exercise space.

Inmates on segregation status shall have access to the same recreational facilities as other

inmates unless security or safety considerations dictate otherwise. When inmates on segregation

status are excluded from use of regular recreation facilities, the alternative area for exercise used

shall be documented.

1004.7 INABILITY TO MEET REQUIREMENTS

In the event that the inmate population exceeds the ability of the facility to meet the exercise and

recreation requirements, the facility should notify the governing body about the deficiency in space

for exercise, that it may violate the law and/or the requirements, and request funds to remedy the

situation. The facility should document all action taken to try to remedy the situation, including

funding requests, population reduction requests and all responses to those requests.

1004.8 POLICY

It is the policy of this office to provide inmates with access to exercise opportunities, exercise

equipment, and recreation activities in accordance with state laws or requirements.

Policy

1005

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Inmate Educational, Vocational and

Rehabilitation Programs

1005.1 PURPOSE AND SCOPE

This office provides educational and vocational programs that are designed to help inmates

improve personal skills, assist in their social development and improve inmate employability after

release. The ability of the office to offer educational programs is dictated by available funding,

inmate classification and other required inmate programs and routines.

1005.2 POLICY

The educational and vocational programs offered by the Office are available to all eligible inmates

and are subject to schedule, space, personnel and other resource constraints.

Designated space for inmate education and vocational programs will, whenever practicable, be

designed in consultation with the appropriate school authorities or educational/vocational service

providers.

Adequate funding is required. If the funding source reduces or eliminates funding in these areas,

educational and/or vocational programs may be reduced or eliminated.

While the housing classification of an inmate has the potential to pose security issues, every

effort, to the extent reasonably practicable, will be made to provide individualized educational

opportunities (15 CCR 1061).

1005.3 PROGRAMS SERGEANT

The Sheriff or the authorized designee shall appoint an Programs Sergeant, who shall be

responsible for managing all aspects of the inmate educational and vocational program. Those

duties include, but are not limited to:

(a) Conducting an annual needs assessment to determine the type of programs needed

to serve the inmate population.

(b) Developing the program plans.

component.

(d) Developing and implementing individualized programs for high-risk or administrative

inmates, as needed.

(e) Coordinating with corrections staff regarding the security issues associated with these

programs.

(f) Developing and maintaining records of all needs assessments, all training offered, all

inmate attendees, testing records and class evaluations.

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(g) Forecasting the annual cost of the program and coordinating with the budget office

to secure funding.

1005.4 COURSE OFFERINGS

Course offerings will be subject to need, available resources, security concerns, available space

and inmate classification, and may include the following:

• Basic education, General Educational Development (GED) preparation

• English as a second language (ESL)

• Basic literacy

• Substance abuse and healthy lifestyles education

• Parenting courses

• Basic computer instruction

• Basic life skills

• Vocational skills such as:

Cooking and food services

Landscaping, horticulture

Basic woodworking

Auto body and painting

Basic auto repair

Basic office skills

• Other courses as deemed appropriate by the Programs Sergeant

1005.5 OUTREACH

Information about educational opportunities should be included in the general inmate orientation.

At a minimum, inmates should receive instruction on how to request participation in the inmate

education programs, along with eligibility requirements and rules for participation.

1005.6 ELIGIBILITY REQUIREMENTS

Educational/vocational programming (other than televised courses) may be offered to sentenced

and pretrial inmates. The Sheriff shall ensure that there is equal opportunity for participation for

male and female inmates.

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1005.7 INMATE REQUESTS

Inmates should be given a form to request participation in the inmate education program. Inmate

requests will be forwarded to the Programs Sergeant, who will have the facility classification staff

screen and approve the request.

The Programs Sergeant will notify the inmate whether he/she has been approved for an education

program. If approved, the Programs Sergeant will provide instruction to the inmate on how to

access the program services and will notify the affected facility staff about the inmate's scheduled

attendance.

Inmates may also contact the Programs Sergeant at any time via an inmate message slip to

request information regarding educational opportunities.

Inmates have the right to refuse to participate in programs other than work assignments or

programs that are required by statute or court order.

1005.8 SELF-STUDY PROGRAM

Whenever reasonably feasible, the basic educational program may be presented by self-study

tutoring and videotape programming.

Inmates admitted into the GED program are issued the necessary books and supplies. Studying

is done throughout the day at scheduled periods when videotape programming is presented on

closed-circuit television.

Upon completion of a GED self-study program, the inmate may be given the opportunity to take

the GED test.

1005.9 HIGH-SECURITY/ADMINISTRATIVE SEGREGATION INMATES

To the extent reasonably practicable, high-security inmates and those held in administrative

segregation may receive individual instruction in the form of a correspondence course.

1005.10 REHABILITATION PROGRAM

The Office provides opportunities for rehabilitation programs that are based upon victim and

community input and are fashioned in a way that gives the inmate an opportunity to make amends

for the harm done.

The Sheriff and Chief Deputy should work with other justice system partners to create such

programs and opportunities. Examples include the following:

• Programs designed to deter domestic violence and substance abuse

• Community service, such as supervised public works projects

• Making restitution to victims

• Paying court fines

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1005.11 DISCLAIMER

Nothing in this policy is meant to confer a legal right for inmates to participate in any educational

offering. Educational programming is provided at the sole discretion of the Sheriff and Chief

Deputy.

1005.12 CLASSROOM USE AND DESIGN

The demographics of the inmate population should always be considered when developing

educational and other programs. Inmate classification and segregation requirements also need

to be considered.

The Chief Deputy should encourage and include educators in the set up and design of classrooms

that have been identified for inmate education programs. To the extent reasonably possible, in

consideration of the space design and the ability to provide adequate security, teachers, education

managers and administrators should be consulted to ensure that their needs are met.

In addition to the traditional classroom approach to educational programming, there are several

other delivery methods. These include independent study and computer education programs.

1005.13 NEW CONSTRUCTION OR RENOVATION

Whenever construction of new facilities is considered, the Chief Deputy may include education

specialists during the design phase to ensure that the needs of education providers are met with

regard to security, sound levels and educational equipment.

The Chief Deputy may seek technical assistance from consultants to school districts that provide

education programs in correctional settings. There are also networks of educators who can provide

valuable consulting services in order to keep pace with rapidly evolving program and legislative

issues that are related to education.

1005.14 MILESTONE CREDIT REDUCTION FOR INMATES

The Monterey County Sheriff’s Office, Inmate Programs Unit provides educational classes for

inmates based on the following criterion:

(a) The principles of Evidence-Based Practice (EBP) in accordance with Penal Code

1229(d).

(b) Re-entry planning and services for inmates to successfully return to the community.

The mission of the Inmate Programs Unit is to provide the highest quality of educational services,

opportunities and personal development possible for the inmate community. This is accomplished

by using Sheriff’s Office personnel and contracted providers.

By this policy, the Sheriff’s Office is electing to participate in the milestone credit reduction program

in accordance with Penal Code section 4019.4. Credit reduction for inmates who successfully

complete specific program performance objectives within approved rehabilitative programming

classes, including, but not limited to, credit reduction of not less than one week. Inmates may not

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have their term of imprisonment reduced by more than six weeks for credits awarded pursuant to

Penal Code section 4019.4 during any 12-month period of continuous confinement.

Milestone credit is a privilege, not a right. Inmates which have been approved to attend milestone

eligible classes shall have a reasonable opportunity to participate in qualifying classes in a manner

consistent with institutional security, available resources, and guidelines set forth by this policy.

This credit reduction may be forfeited in the same manner as other credit reductions when

disciplinary action against an inmate has been imposed.

This policy shall only apply to 1170(h) inmates in the jail per Penal Code section 4019.4.

1005.15 MILESTONE GUIDELINES AND ELIGIBLE EDUCATION CLASSES

In accordance with applicable law, approved rehabilitation programs include, but are not limited

to, academic programs, vocational programs, vocational training, substance abuse programs, and

core programs such as anger management and social life skills.

The following are the Evidence Based educational classes and programs offered by the Sheriff’s

Office which are eligible for milestone credit reduction:

1.Salinas Union High School District

(a) HiSET/High School Equivalency Exam Program. Inmates who successfully complete

all HiSET tests are eligible to receive 2-weeks credit reduction

2. Hartnell College

a. College courses. Inmates who successfully complete a college course with a grade of C or

higher are eligible to receive 1-week credit reduction per course.

3. GEO Group

a. Moral Recognition Therapy (MRT). Inmates who successfully complete this educational

program are eligible for 1 week credit reduction.

4. Change Companies Classes

a. The Courage to Change program. Inmates who successfully complete this program are eligible

to receive 1 week credit reduction.

b. Getting It Right, Contributing to the Community and, the Corrective Actions Series. Inmates who

successfully complete this combined educational program are eligible to receive 1 week credit

reduction.

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Not all educational classes, workshops or seminars will qualify for milestone credit reduction. All

future educational programs and classes will be evaluated based upon the principals of EBP.

Milestone credits are generally awarded based upon one week credit reduction for 60 hours of

successful completion of an EBP class.

Policy

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Commissary Services

1006.1 PURPOSE AND SCOPE

The purpose of this policy is to establish a commissary program that will give inmates the

opportunity to purchase specific items that are not provided to them while in custody.

1006.2 POLICY

It is the policy of this office to provide commissary services so that inmates who are not on

disciplinary restriction and who have funds posted to their inmate accounts may purchase

items approved by the Chief Deputy (Penal Code § 4025).

1006.3 COMMISSARY MANAGER RESPONSIBILITIES

The Chief Deputy shall be responsible for designating a qualified person to act as the Commissary

Manager. The Commissary Manager shall be responsible for the accounting and general operation

of the commissary, which shall include but is not limited to:

•

Maintaining current rules, regulations, and policies of the commissary and ensuring

compliance by commissary staff.

•

Managing inventory and processing orders in a timely manner.

•

Performing weekly audits of high-security items.

•

Ensuring that sufficient space is provided either on or off facility property for the storage

and processing of commissary orders.

•

Ensuring commissary facilities are sanitary and secure.

•

Conducting a quarterly inventory of all supplies and immediately reporting any

discrepancies to the Chief Deputy.

•

Ensuring that all inmates who are approved to purchase commissary items are

provided with a printed list of items that are available at local stores if the facility does

not operate a commissary.

•

To the extent reasonably practicable, ensuring the prices for items offered in the

commissary correspond to local retail store prices.

Any commissary inventory or sales issues related to religious diets shall be addressed in the

Religious Programs Policy.

1006.4 COMMISSARY ACCOUNTING

The Shift Commander shall be responsible for ensuring that all inmates who have commissary

privileges have the opportunity to order and receive commissary items in a timely manner.

All inmates shall be afforded the opportunity to review an accounting of their money held in

their account, including deposits, debits, and commissary goods purchased and received. Any

discrepancy of the inmate’s funds shall be immediately reported to the Commissary Manager. If

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the Commissary Manager and the involved inmate cannot settle the discrepancy, the Chief Deputy

shall be notified and the Chief Deputy will resolve the discrepancy.

1006.5 INMATE WELFARE PACKS

The Chief Deputy or the authorized designee shall monitor the provision of welfare packs to

indigent inmates. Welfare packs shall include but not be limited to:

(a) At least two postage-paid envelopes and two sheet of paper each week to permit

correspondence with family members and friends (see the Inmate Mail Policy).

(b) Personal hygiene items, including toothbrush, toothpaste, soap, and other supplies

deemed to be appropriate for indigent inmates.

The Sheriff may expend money from the Inmate Welfare Fund to provide indigent inmates with

essential clothing and limited transportation expenses upon release (Penal Code § 4025(i)).

1006.6 ANNUAL AUDIT OF THE COMMISSARY

The Commissary Manager should ensure that an annual audit of the commissary operation is

conducted by a certified auditor. The written report prepared by the auditor should be reviewed

for accuracy by the Commissary Manager and provided to the Chief Deputy.

All surplus funds from the commissary operation should be deposited into the Inmate Welfare

Fund or used in a manner from which the inmates will benefit. They also may be deposited and

used in accordance with expenditures authorized by the board of supervisors. An itemized report

on expenditures shall be submitted annually to the board of supervisors (Penal Code § 4025 (e)).

Policy

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Library Services

1007.1 PURPOSE AND SCOPE

The purpose of this policy is to establish guidelines for funding of library services and for providing

inmates access to leisure and legal reading materials.

1007.2 RESPONSIBILITIES

The Chief Deputy or the authorized designee is responsible for the administration of the

library services and should appoint a capable member to serve as librarian to run the daily

library operations. The library services shall include access to legal reference materials, current

information on community services and resources, and religious, educational, and recreational

reading material (15 CCR 1064).

The librarian shall ensure that reading materials are provided to the general housing units and that

any member assigned to assist with the delivery of library services has received the appropriate

training in facility safety and security practices.

1007.3 LIBRARY FUNDING AND MAINTENANCE

The Chief Deputy should ensure that funding is available to operate the library. The Chief Deputy

may use monies from the Inmate Welfare Fund to offset the cost of salaries, services, and supplies.

The librarian may enlist the assistance of the local public library system and other community

organizations to maintain and update the library. Donated books and materials should be screened

by the librarian for permissible content and safety prior to being distributed to inmates.

The Office may reject library materials that may compromise the safety, security, and orderly

operation of this facility (see the Inmate Mail Policy for examples of materials that may be rejected).

The library shall be operated within the physical, budgetary, and security limits of the existing

facility.

Books and other reading material should be provided in languages that reflect the population of

the facility.

1007.4 LEISURE LIBRARY MATERIALS

Each inmate is allowed to have no more than two books at any given time. Existing selections

must be returned before new books may be selected by an inmate. Inmates who destroy or misuse

books and library materials will be subject to disciplinary action and may be required to pay for

the material.

1007.5 LEGAL MATERIALS

All inmates shall have reasonable access to the legal system, which may include access to legal

reference materials. Pro per inmates shall have priority regarding access to legal publications.

Legal information that may be provided through the library includes but is not limited to:

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•

Criminal code sections.

•

Copies of criminal and/or civil cases.

•

Copies of relevant judicial forms.

Inmates desiring access to the library or legal publications shall submit a completed legal

information request to the housing deputy. Only one request per inmate per week is allowed unless

the inmate is a court-ordered pro per.

The housing deputy will collect completed request forms and deliver them to the librarian. Upon

receipt the librarian will time stamp, log, and number the request and arrange for the inmate to

have access to the library or to legal research services if they are available and do not conflict with

scheduling or security concerns. Records of access to legal materials and whether the requests

were fulfilled or denied should be documented each day and maintained in the inmate’s file in

accordance with established records retention schedules.

Pro per inmates may keep minimal supplies for their case in their cells (e.g., paper, letters,

reference materials), provided they do not create a fire hazard or other safety or security concern.

1007.6 ALTERNATE MEANS OF ACCESS TO LEGAL RESOURCES

Nothing in this policy shall confer a right to access a law library. Unless it is specified by court

order, the Sheriff may provide access to legal resources by a variety of means that may include

public or private legal research services (e.g., web-based legal resources).

1007.7 POLICY

It is the policy of this facility to operate a library service that provides leisure and legal reading

materials to inmates.

1007.8 ACCESS TO LIBRARY

Access to the inmate library or to library materials shall be based on inmate classification, housing

location, and other factors that legitimately relate to maintaining the safety and security of the

facility.

Inmates in disciplinary separation shall have the same access to reading materials and legal

materials as the general population unless a restriction is directed by the court.

Policy

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Inmate Mail

1008.1 PURPOSE AND SCOPE

The purpose of this policy is to provide guidelines for the receipt, rejection, inspection and sending

of inmate mail.

1008.2 POLICY

This office will provide ample opportunity for inmates to send and receive mail, subject to restriction

only when there is a legitimate government interest.

1008.2.1 INDIGENT INMATES

Upon request, indigent inmates will be permitted to post at least two postage-paid letters each

week. There shall be no limit on the number of postage-paid letters to a legal representative of

the courts or others identified under the following section (Title 15 CCR § 1063(e)).

1008.3 MAIL GENERALLY

Inmates may, at their own expense, send and receive mail without restrictions on quantity,

provided it does not jeopardize the safety of staff, visitors, or other inmates, or pose an

unreasonable disruption to the orderly operation of the facility.

However, inmates are only allowed to store a limited amount of mail in their cells as determined

by the Chief Deputy. Excess mail will be stored with the inmate’s personal property and returned

at his/her release.

1008.4 LEGAL CORRESPONDENCE

Inmates may correspond confidentially with courts, legal counsel, officials of this office, elected

officials, the Department of Corrections, jail inspectors, government officials, or officers of the

court. This facility will also accept and deliver a fax or interoffice mail from these entities.

Foreign nationals shall have access to the diplomatic representative of their country of citizenship.

Staff shall assist in this process upon request.

Facility staff may inspect incoming legal correspondence for contraband. Facility staff may inspect

out going confidential correspondence for contraband before it is sealed, provided the inspection

is completed in the presence of the inmate. In the event that confidential correspondence is

inspected, staff shall limit the inspection to a search for physical items that may be included in

addition to the correspondence and shall not read the content of the correspondence itself (15

CCR 1063(c)).

1008.5 SUSPENSION/RESTRICTION OF MAIL PRIVILEGES

Mail privileges may be suspended or restricted upon approval of the Chief Deputy whenever staff

becomes aware of mail sent by an inmate that involves (15 CCR 1083(h)):

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(a) Threats of violence against any member of the government, judiciary, legal

representatives, victims, or witnesses.

(b) Incoming or outgoing mail representing a threat to the security of the facility, staff, or

the public.

The District Attorney or County Counsel should be consulted in cases where criminal charges

are considered against an inmate or there is an apparent liability risk to the Office that relates to

suspension or restriction of mail privileges.

1008.6 PROCESSING AND INSPECTION OF MAIL BY STAFF

Staff should process incoming and outgoing mail as expeditiously as reasonably possible. All

incoming and outgoing mail should be processed within 24 hours and packages within 48 hours.

Mail processing may be suspended on weekends, holidays, or during any emergency situation.

Assigned deputies should open and inspect all incoming and outgoing general mail of current

inmates. The incoming correspondence may be read as frequently as deemed necessary to

maintain security or monitor a particular problem. Mail for inmates no longer in custody should

not be opened.

Outgoing general mail may not be sealed by the inmate and may be read by staff when:

(a) There is reason to believe the mail would:

1. Interfere with the orderly operation of the facility.

2. Be threatening to the recipient.

3. Facilitate criminal activity.

(b) The inmate is on a restricted mail list.

(d) The envelope has an incomplete return address.

When mail is found to be inappropriate in accordance with the provisions of this policy or when an

inmate is sent material that is not prohibited by law but is considered contraband by the facility,

the material may be returned to the sender or held in the inmate’s property to be given to the

inmate upon release.

Inmates are not allowed to correspond with other inmates in this jail, Inmates may request to

correspond with other inmates in this jail to the Jail Operations Commander through the Tablet

or through a written request.

Inmates shall be notified in writing whenever their mail is held or returned to the sender. Mail logs

and records, justification of censoring or rejection of mail, and copies of hold or return notices shall

be maintained in the inmate’s file in accordance with established records retention schedules.

Cash, government checks, and money orders contained in incoming inmate mail shall be removed

and credited to the inmate’s account. Personal checks may be returned to the sender or held in

the inmate’s property to be given to the inmate upon release.

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1008.6.1 DESIGNATION OF STAFF AUTHORIZED TO READ MAIL

Only staff members designated by the Chief Deputy are authorized to read incoming and outgoing

non-confidential mail. These staff members should receive training on legitimate government

interests for reading and censoring mail and related legal requirements (15 CCR 1063).

1008.6.2 CENSORSHIP OF INCOMING AND OUTGOING NON-CONFIDENTIAL

CORRESPONDENCE

In making the determination of whether to censor incoming non-confidential correspondence,

consideration shall be given to whether rejecting the material is rationally related to a legitimate

government interest, and whether alternate means of communicating with others is available. The

impact the correspondence may have on other inmates and jail staff is also a factor. Reasonable

alternatives should be considered and an exaggerated response should be avoided; for example,

discontinuing delivery of a magazine because of one article.

Outgoing non-confidential correspondence shall only be censored to further a substantial

government interest, and only when it is necessary or essential to the address the particular

government interest. Government interests that would justify confiscation of outgoing mail include:

(a) Maintaining facility security.

(b) Preventing dangerous conduct, such as an escape plan.

similar conduct.

(d) Preventing harassment of those who have requested that no mail be sent to them by

the inmate.

Correspondence and material identified for censorship shall be delivered to the Shift Commander,

who shall make the decision if such mail will be censored.

Notices should be sent to the sender of censored correspondence or publications, even when the

sender is the editor or publisher. A single notification may be sent if the publication is received

by multiple inmates.

1008.6.3 DOCUMENTING REJECTED OR CENSORED CORRESPONDENCE

In each case where it is necessary to remove any item, or reject or censor correspondence, a

written record must be made of such action, to include:

(a) The inmate name and number.

(b) A description of the mail in question.

(d) The disposition of the item involved.

(e) Signature of the deputy.

(f) Notification to the inmate and sender (unless such notification jeopardizes any

investigation or the security of the facility).

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1008.7 BOOKS, MAGAZINES, NEWSPAPERS AND PERIODICALS

Unless otherwise in conflict with this policy and prohibited by the Chief Deputy, inmates are

permitted to purchase, receive and read any book, newspaper, periodical or writing accepted for

distribution by the U. S. Postal Service (15 CCR 1066(a)).

Publications, magazines or newspapers shall be accepted only if they are mailed directly from

the publisher to a named inmate. A local daily newspaper in general circulation, including a non-

English publication shall be made available to interested inmates (15 CCR 1066(b)).

1008.8 REJECTION OF MAGAZINES AND PERIODICALS

The Office may reject magazines, periodicals, and other materials that may inhibit the reasonable

safety, security, and discipline in the daily operation of this facility. Generally, books, newspapers,

and magazines are accepted only if they are sent directly by the publisher. Materials that may be

rejected include but are not limited to (15 CCR 1066(a)):

•

Materials that advocate violence or a security breach.

•

Literature that could incite racial unrest.

•

Sexually explicit material, including pornographic magazines, nude pictures, or

pictures or descriptions of sexually explicit activities.

•

Obscene publications or writings and mail containing information concerning where

or how such matter may be obtained; any material that would have a tendency to

incite murder, arson, riot, violent racism, or any other form of violence; any material

that would have a tendency to incite crimes against children; any material concerning

unlawful gambling or an unlawful lottery; any material containing information on the

manufacture or use of weapons, narcotics, or explosives or any other unlawful activity.

•

Material that could lead to sexual aggression or an offensive environment for inmates.

•

Material that could create a hostile or offensive work environment.

•

Any material with content that could reasonably demonstrate a legitimate government

interest in rejecting the material.

Staff shall notify the Shift Commander whenever a decision is made to reject books, magazines,

or periodicals. The Chief Deputy or the authorized designee will be responsible for making the

final decision as to the specific magazines, periodicals, and other materials that will be prohibited

within this facility.

Religious texts not supplied by facility-authorized entities may be accepted by the chaplain or

other religious volunteer who has received training on facility rules involving contraband, and who

has been approved by a supervisor to review such documents for distribution.

1008.9 FORWARDING OF MAIL

Any non-legal mail received for a former inmate should be returned to the sender with a notation

that the inmate is not in custody. Obvious legal mail should be forwarded to the former inmate’s

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new address if it is reasonably known to the facility. Otherwise, legal mail should be returned to

the sender.

1008.10 INDIGENT INMATE REQUESTS FOR WRITING MATERIALS

Indigent inmates shall receive writing materials on a weekly basis, as provided by an approved

schedule established by the Chief Deputy. Writing materials should include the following (15

CCR 1063):

(a) At least two pre-stamped envelopes for correspondence with family and friends

(b) At least two sheets of paper

Indigent inmates shall receive an amount of pre-stamped envelopes and writing paper sufficient

to maintain communication with courts, legal counsel, officials of this office, elected officials,

jail inspectors, government officials, and officials of the Board of State and Community

Corrections. There shall be no limitation on the number of postage-paid envelopes and sheets of

paper permitted for correspondence to the indigent inmate’s attorney and to the courts (15 CCR

1063(e)).

Requests shall be screened and granted based on need by the Programs Sergeant._Inmates

should not be permitted to maintain an excess supply of writing materials without the approval

of a supervisor.

Policy

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Inmate Telephone Access

1009.1 PURPOSE AND SCOPE

This policy establishes guidelines for permitting inmates to access and use telephones.

1009.2 POLICY

The Jail will provide access to telephones for use by inmates consistent with federal and state

law. The Chief Deputy or the authorized designee shall develop written procedures establishing

the guidelines for access and usage (15 CCR 1067). All inmates will be provided a copy of the

telephone usage rules as part of their inmate orientation during the booking process.

1009.3 PROCEDURE

Inmates housed in general population will be permitted reasonable access to public telephones

at scheduled times in the dayrooms for collect calls unless such access may cause an unsafe

situation for the facility, staff or other inmates. All calls, with the exception of calls to a verified

attorney, are monitored and recorded.

Inmates are not permitted to receive telephone calls. Messages will only be delivered in the event

of a verified emergency.

In the event of a facility emergency, or as directed by the supervisor or Chief Deputy, all telephones

will be turned off.

For security reasons, inmates who are awaiting transport to another facility or release to another

agency are not permitted to use the telephones.

Telecommunications Device for the Deaf (TDD) or equally effective telecommunications devices

will be made available to inmates who are deaf, hard of hearing or have speech impairments

to allow these inmates to have equivalent telephone access as those inmates without these

disabilities.

The minimum time allowed per call should be 10 minutes, except where there are substantial

reasons to justify such limitations. Reasons for denial of telephone access shall be documented

and a copy placed into the inmate's file. The rules governing the use of the telephone will, in

addition to being provided to inmates during orientation, be posted near the telephones.

The staff should monitor the use of public telephones to ensure inmates have reasonable and

equitable access and that the rules of use are observed. Any inmate refusing to cooperate with the

telephone rules may have his/her call terminated, telephone privileges suspended and/or incur

disciplinary action.

Requirements relating to the use of telephones during booking and reception are contained in the

Inmate Reception Policy.

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1009.4 USE OF TELEPHONES IN HIGH-SECURITY OR ADMINISTRATIVE SEGREGATION

HOUSING

Inmates who are housed in high-security or administrative segregation may use the public

telephones in the dayroom during the time allocated for that classification of inmate to utilize that

space. If portable telephones are available in the facility, inmates who are housed in high-security

or administrative segregation units may have reasonable access to the portable telephones.

1009.5 COURT-ORDERED TELEPHONE CALLS

If a court order specifying free telephone calls is received by the facility, or a supervisor determines

there is a legitimate need for a free telephone call for a specific inmate, the supervisor may direct

that an inmate use a facility telephone at no charge. Calls placed from a facility telephone should

be dialed by a staff member. The staff shall be responsible for ensuring that the inmate is not

calling a number that has been restricted by a court order or by request of the recipient. Such a

call shall be recorded to the same extent authorized for by any non-legal calls that are not court-

ordered.

1009.6 ATTORNEY-CLIENT TELEPHONE CONSULTATION

At all times through the period of custody, whether the inmate has been charged, tried, convicted

or is serving an executed sentence, reasonable and non-recorded telephone access to an attorney

shall be provided to the inmate at no charge to either the attorney or to the inmate, in accordance

with the Inmate Access to Courts and Counsel Policy.

Foreign nationals shall be provided access to the diplomatic representative of their country of

citizenship. Staff shall assist them upon request. Domestic and international calling cards are

available through the inmate commissary.

1009.7 TELEPHONE CONTRACTS AND CHARGES

The Chief Deputy or the authorized designee is responsible for ensuring that all contracts involving

telephone services for inmates comply with all applicable state and federal regulations, that rates

and surcharges are commensurate with those charged to the general public for similar services,

and that the broadest range of calling options is provided, in accordance with sound correctional

management practices.

Policy

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Inmate Visitation

1010.1 PURPOSE AND SCOPE

The purpose of this policy is to establish rules for visitation and to provide a process for inmate

visits and visitors. Visitation is a privilege and is based on space availability, schedules and on-

duty staffing.

1010.1.1 DEFINITIONS

Definitions related to this policy include (Penal Code § 4032):

In-person visit - An on-site visit that may include barriers. In-person visits include interactions

in which an inmate has physical contact with a visitor, the inmate is able to see a visitor through

a barrier, or the inmate is otherwise in a room with a visitor without physical contact. “In-person

visit” does not include an interaction between an inmate and a visitor through the use of an on-

site two-way audio/video terminal.

Video visitation - Interaction between an inmate and a member of the public through the means

of an audio-visual communication device when the member of the public is located at a local

detention facility or at a remote location.

1010.2 POLICY

It is the policy of the Monterey County Sheriff's Office to allow inmate visitation, including video

visitation when applicable, as required by law.

1010.3 PROCEDURES

The Office shall provide adequate facilities for visiting that include appropriate space for the

screening and searching of inmates and visitors and storage of visitors’ personal belongings that

are not allowed in the visiting area.

The Chief Deputy shall develop written procedures for inmate visiting, which shall provide for as

many visits and visitors as facility schedules, space, and number of personnel will reasonably

allow, with no fewer visits allowed than specified by 15 CCR 1062 per week, by type of facility.

The procedures are subject to safety and security requirements and should consider:

•

The facility’s schedule.

•

The space available to accommodate visitors.

•

Whether an emergency or other conditions justify a limitation in visiting privileges.

•

Video visitation if applicable (Penal Code § 4032; 15 CCR 1062).

The visiting area shall accommodate inmates and visitors with disabilities. Visitors with

disabilities who request special accommodations shall be referred to a supervisor. Reasonable

accommodations will be granted to inmates and disabled visitors to facilitate a visitation period.

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Visitor logs and records shall be developed and maintained in accordance with established records

retention schedules.

Court orders granting a special inmate visitation are subject to county legal review and

interpretation.

1010.3.1 VISITOR REGISTRATION AND IDENTIFICATION

All visitors must register and produce a valid state, military, tribal or other government

identification. Identification will be considered valid for 90 days after expiration, provided the visitor

has renewed the ID and has proof of the renewal.

(a)

The registration form must include the visitor’s name, address and the relationship to

the inmate.

(b)

A valid identification shall include the following:

A photograph of the person

A physical description of the person

(c)

An official visitor shall present proof of professional capacity. For example, attorney

license/Supreme Court card, law enforcement identification or a business card/

letterhead of the business with the visitor’s name.

Failure or refusal to provide a valid identification is reason to deny a visit.

1010.3.2 VIDEO VISITATION NOT TO REPLACE IN-PERSON VISITATION

The Office may not substitute video visitation for in-person visitation to meet the requirements of

15 CCR 1062.

1010.4 AUTHORIZATION TO SEARCH VISITORS

Individuals who enter the secure perimeter of this facility are subject to search if there is reasonable

cause to believe the visitor has violated the law, is wanted by a law enforcement agency, or is

attempting to bring contraband onto the facility property or into the facility. All searches shall be

made in accordance with current legal statutes and case law.

The area designated for a visitor to be searched prior to visiting with an inmate shall have a notice

posted indicating that any cellular telephone, wireless communication device or any component

thereof shall be confiscated for the period of the visitation and returned to the visitor upon departure

from the facility (Penal Code § 4576(b)(3)).

1010.5 VISITING SCHEDULE

The Chief Deputy shall designate a person to develop a schedule for inmate visitation that includes

daytime, evening and weekend hours. Each inmate shall receive a copy of the visitation schedule

in the inmate handbook at orientation. The visiting hours will also be posted in the public area

of the facility.

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1010.6 DENIAL OR TERMINATION OF VISITING PRIVILEGES

The Chief Deputy or the authorized designee is responsible for defining, in writing, the conditions

under which visits may be denied.

Visitation may be denied or terminated by a supervisor if the visitor poses a danger to the security

of the facility or there is other good cause, including but not limited to the following:

(a) The visitor appears to be under the influence of drugs and/or alcoholic beverages.

(b) The visitor refuses to submit to being searched.

(d) The visitor fails to supervise and maintain control of any minors accompanying him/

her into the facility.

(e) Visitors attempting to enter this facility with contraband will be denied a visit and may

face criminal charges.

Any visitation that is denied or terminated early, on the reasonable grounds that the visit may

endanger the security of the facility, shall have the actions and reasons documented. A copy of

the documentation will be placed into the inmate's file and another copy will be forwarded to the

Chief Deputy.

1010.7 GENERAL VISITATION RULES

All visitors and inmates will be required to observe the following general rules during visitation:

(a)

A maximum of One adult and One child will be permitted to visit an inmate at any

one time. Children visiting inmates must be deemed age appropriate by the parent

or guardian accompanying the child. Where a dispute over children visiting occurs

between the inmate and the parent or legal guardian, the inmate will be advised to

use the court for resolution. Adults must control minors while they are waiting to visit

and during the visit.

(b)

An inmate may refuse to visit with a particular individual.

(c)

Those inmates who are named as the restrained person in any restraining or other

valid court order shall not be allowed visits from persons who are protected by the

order.

(d)

Visitors must be appropriately attired prior to entry into the visitor's area of the facility.

(e)

Inappropriate clothing, such as transparent clothing, halter-tops, excessively tight or

revealing clothing, hats and bandannas or any other clothes associated with a criminal

gang or otherwise deemed by the staff to be unacceptable will not be permitted.

(f)

All visitors must have footwear.

(g)

Visitors will leave all personal items, with the exception of car keys and identification,

outside of the secure area. Visitors who enter the facility with handbags, packages or

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other personal items will be instructed to lock the items in a vehicle or locker or return

at another time without the items. The facility is not responsible for lost or stolen items.

(h)

Food or drink is not permitted in the visitor's area.

(i)

Inmates will be permitted to sign legal documents, vehicle release forms or any

other items authorized by the Shift Commander. Transactions of this nature will not

constitute a regular visit.

1010.8 SPECIAL VISITS

The Shift Commander may authorize special visitation privileges, taking into consideration the

following factors:

•

The purpose of the visit

•

The relationship of the visitor to the inmate

•

The circumstances of the visit

•

Distance traveled by the visitor

Whenever a special visit is denied, an entry into the duty log will be made. The entry will include

the requesting visitor’s name and the reason why the visit was denied.

1010.9 ATTORNEY VISITS

Inmates shall have access to any attorney retained by or on behalf of the inmate, or to an attorney

the inmate desires to consult, in a private interview room. Staff shall not interfere with, suspend or

cancel official visits except in circumstances where the safety, security or good order of the facility

is compromised (see the Inmate Access to Courts and Counsel Policy).

Policy

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Resources for Released Inmates

1011.1 PURPOSE AND SCOPE

The purpose of this policy is to establish the process of providing community resource information

to any inmate who is due for release after serving at least 30 days, in order to assist with the

transition back into the community.

1011.2 COMMUNITY RESOURCES

The information packet with community resources should contain, at a minimum, the contact

information for the following organizations and resources:

•

Community health centers

•

Employment centers

•

Registry office to obtain an identification card

•

Substance abuse and mental health providers

•

Housing agencies

•

Education agencies

Subject to the approval of the Sheriff or the Chief Deputy, the staff or community providers may

offer classes within the facility that are related to these community services.

Upon request, the office will provide the verification needed for a replacement California

identification card, if applicable (Vehicle Code § 14902(g)).

1011.3 POLICY

It is the policy of this office that all inmates who have served at least 30 days shall be provided

with an information packet containing community resources prior to their release.

Policy

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Pretrial Release Program

1012.1 PURPOSE AND SCOPE

The purpose of this policy is to establish the value relating to inmate population management

that the Office places on the Pretrial Release Program, and to acknowledge the commitment of

staffing, space and equipment to ensure its success. This office is committed to the treatment

of inmates with the intent of increasing the likelihood of a successful return to the community,

while controlling program costs and maximizing organizational efficiency. Staffing costs typically

represent the majority of the operating costs of such a program.

1012.2 POLICY

It shall be the policy of the Monterey County Sheriff's Office to commit resources to a Pretrial

Release Program. The goals of the program are for inmates awaiting trial to secure or maintain

gainful employment, to reduce costs to taxpayers for incarceration of the inmates, and to increase

the likelihood of an inmate's successful return to the community.

The Chief Deputy or the authorized designee shall be responsible for the staffing, space allocation

and equipment requirements of the Pretrial Release Program. The following factors should be

considered when selecting personnel for this assignment:

• Professional qualifications

• Accreditation status

• Client's ownership (e.g., public, private not-for-profit, private for-profit)

• The complexity of the client (more complex clients require higher staffing levels)

1012.3 STAFF RESPONSIBILITIES

Responsibilities of the staff members assigned to the Pretrial Release Program shall include the

following:

• Supervision of inmates

• Assessment and selection of inmates considered for pretrial release

• Treatment programs and services

• Documentation and reports to the court

• Drug testing and other services, as directed by the court or other legal authority

Prior to the pretrial release hearing, staff members shall be responsible for collecting, verifying and

reporting to the judicial officer information pertaining to the pretrial release of each individual who

is charged with an offense. Information should include an assessment of the risk the individual

may pose to any individual or to the community, and include a recommendation on whether to

release the inmate and the conditions of a proposed release.

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Staff members shall also be responsible for assisting inmates in complying with the conditions

of their release, monitoring their compliance and reporting to the court any apparent violations of

release conditions.

1012.4 PHYSICAL RESOURCES

The facility shall provide adequate space and equipment for:

• Staff to interview inmates.

• The collection of urine specimens.

• Urinalysis and/or drug testing equipment.

• Group space/counseling space, if treatment services are offered. Spaces allocated for

treatment services should protect confidentiality.

Policy

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Work Release Program

1013.1 PURPOSE AND SCOPE

The purpose of this policy is to establish the guidelines and requirements for the Work Release

Program. The Work Release Program allows inmates to maintain employment, support families

and facilitate a successful return to the community.

1013.2 POLICY

It is the policy of this office to operate a voluntary Work Release Program to provide inmates

with opportunities to secure or maintain employment, support families, assist in the payment of

fines and penalties to the court and promote a successful return to the community (Penal Code

§ 4024.2(a)).

Release programs shall be conducted in accordance with state and local guidelines. In cases of

pretrial release, the courts may have jurisdiction over release decisions.

1013.3 WORK RELEASE PROGRAM

Any inmate who has met the eligibility requirements and received approval may be granted

permission to leave the facility to work at his/her place of employment in accordance with state

and local guidelines, court orders and the provisions of this policy.

The Chief Deputy or the authorized designee has sole authority to approve participation in the

program and is responsible for the overall administration of the Work Release Program.

The Work Release Program participants are limited to geographic restrictions of the facility and

must remain within state boundary lines unless otherwise ordered by the sentencing court.

1013.3.1 ELIGIBILITY

In order to be eligible for the Work Release Program, an inmate must meet the following

requirements:

•

Sentenced directly to work release programs by the court

•

No documented disciplinary incidents

•

No outstanding warrants, wants or detainers

Inmates who do not adhere to the rules of the program will be subject to removal from the program

and to disciplinary and criminal action in accordance with the rules of the facility and applicable

laws.

1013.3.2 STAFF RESPONSIBILITY

The Work Release Program staff is responsible for contacting the employer prior to authorizing

the work assignment. The staff should inform the employer and the inmate of the rules and

expectations for program participants.

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The program staff shall provide each employer with the facility’s contact information, including

the contact person and telephone number, and instruct the employer to notify the contact person

immediately if an inmate does not report to work, leaves prior to the scheduled departure time,

or if any concerns arise during the work shift. The facility should provide a contact person who

is available 24 hours a day, seven days a week, as some inmates will work evening or overnight

shifts.

1013.3.3 HOUSING

Inmates participating in the Work Release Program should be housed in an area other than general

population housing to reduce the possibility of contraband entering the facility.

Inmates in the program may either return to separate housing within the facility’s secure perimeter

or may be housed in a residential facility outside the secure perimeter. Factors to consider when

determining appropriate housing for program participants include the following:

•

Rated bed capacity of the facility

•

Current occupancy

•

Housing options and security capabilities outside the secure perimeter of the facility

•

Number of inmates approved to participate in the program

1013.3.4 DAILY WORK ITINERARIES

Inmates must have an approved daily work itinerary prior to leaving the facility. The itinerary should

include the following:

•

Scheduled start and stop times for work

•

Anticipated amount of travel time between the facility and the employer, each way

•

Mode of transportation each way (e.g., bus, car, walk)

•

Location of the workplace

•

Contact name, address and telephone number of the employer

•

Contact name, telephone number, driver’s information of the transport person if the

inmate does not have a valid license

•

Contact name and telephone number of the on-duty program staff member

Any change to the itinerary (e.g., overtime, location of the workplace, transportation) must be

approved in advance by the Chief Deputy or the authorized designee.

1013.3.5 FINANCIAL MANAGEMENT

All inmates who participate in the Work Release Program shall ensure that the appropriate funds

are deposited into their inmate accounts. Funds from the inmate accounts will be subtracted for

room and board, program drug testing, booking fees, etc. Fines to the court, victim restitution,

allowances to help pay family financial obligations, and funds for a savings account may also be

taken from the account with the permission of the inmate or by order of the court.

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1013.3.6 EMPLOYER VERIFICATION

The Work Release Program staff shall make scheduled telephone calls and random site visits to

the inmate’s employer to ensure compliance with the rules of the program.

1013.3.7 PROGRAM CONFLICTS

The Work Release Program staff shall make every attempt to ensure the inmate’s work schedule

does not conflict with his/her required participation in treatment programs at the facility.

1013.3.8 DRUG TESTING

Random and scheduled drug testing shall be conducted on all inmates participating in the Work

Release Program. Any positive results may cause the inmate’s disqualification from the program,

as well as disciplinary sanctions or criminal charges, if warranted.

1013.3.9 ADMINISTRATIVE REMOVAL

An inmate may be administratively removed from the program for the safety and well-being of the

inmate, the staff, the program, the facility, and/or the general public. Such removal shall be subject

to review by the Chief Deputy or the authorized designee on the next business day (15 CCR 1054).

1013.4 RECORDS

The following records shall be maintained by the Chief Deputy or the authorized designee on all

inmates participating in the Work Release Program:

(a) All payments and accounting associated with the Work Release Program

(b) All contacts between the staff and employers prior to releasing inmates to work and

confirming all employment information

Policy

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Inmate Work Program

1014.1 PURPOSE AND SCOPE

The purpose of this policy is to establish the guidelines and requirements for the Inmate Work

Program. The Inmate Work Program allows inmates to improve and/or develop useful job skills,

work habits and experiences that will facilitate a successful return to the community.

1014.2 POLICY

The Monterey County Sheriff's Office shall operate an Inmate Work Program within the secure

perimeter of the facility, in accordance with all applicable federal, state or local work safety laws,

rules and regulations, and to the extent that the operation of inmate work programs do not pose a

risk to the safety of the staff, other inmates or the public. This policy establishes the requirements,

selection process, supervision and training of inmates prior to and after entering the facility's

Inmate Work Program.

1014.3 LEGAL REQUIREMENTS

1014.3.1 SENTENCED INMATE WORK REQUIREMENTS

All sentenced inmates who are physically and mentally able shall work if they are not assigned

to other programs. Inmates shall not be required to perform work which exceeds their physical

limitations. Inmates may be excused from work in order to maintain their participation in an

educational, vocational or drug abuse treatment program. The Office will abide by all laws,

ordinances and regulations when using inmates to work in the facility.

1014.3.2 PRETRIAL AND UNSENTENCED INMATE WORK REQUIREMENTS

Pretrial inmates and those awaiting sentencing may not be required to work, except to do personal

housekeeping and to clean their housing area. However, they may volunteer for work assignments.

1014.4 INMATE WORKER SELECTION

The Classification Unit shall be responsible for the selection and assignment of inmates to the

various work assignments. The Classification Unit should solicit input from other custody staff in

assisting with inmate selection and assignment. The Staff also shall take into consideration the

following eligibility criteria:

(a)

Inmates who have posed a threat in the past or have been charged with escape should

be carefully screened for inmate work projects.

(b)

The inmate's charges and classification are such that the inmate will not pose a

security risk to other inmates, staff or the public.

(c)

The inmate's capacity to perform physical tasks will match the job requirements.

(d)

The inmate is able to learn the necessary work routines.

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(e)

The special interests, abilities, craft or trade of the inmate will benefit the work

assignment.

Inmates must be able to pass a health screening test in accordance with the policies contained

in this manual, and must meet all statutory and regulatory requirements. Health-screening shall

be done for inmates who work in the kitchen, around food products or who serve meals to the

inmate population.

1014.5 WORK ON PUBLIC PROJECTS

Sentenced inmates may be assigned to public works projects with state, municipal and local

government agencies, or to community service projects, with the approval of the Sheriff and in

accordance with all applicable laws and regulations.

1014.6 PROHIBITION OF NON-PUBLIC WORK PROJECTS

Work projects on behalf of any private individual or to an individual's private property are strictly

prohibited and may constitute a violation of the law.

1014.7 SUPERVISION OF INMATE WORKERS

Facility staff in charge of work programs or who provide supervision of inmates assigned to work

crews should adhere to the following:

(a) Inmate workers should be provided with safety equipment, clothing and footwear

commensurate with the work performed. Safety equipment may include, but is not

limited to, eye protection, gloves, hardhat or headwear and sunscreen for protection

from sun exposure.

(b) Work periods shall not exceed nine 10 hours per day.

personal needs.

(d) Inmate workers shall have access to nutritious meals and a reasonable amount of time

to consume those meals during their work period.

(e) Inmates who work shifts during the early morning or late-night hours should be

provided with quiet space to allow for sleep during daytime hours.

(f) The inmate workday approximates the workday in the community.

(g) Inmate performance is regularly evaluated and recorded.

(h) Inmates receive written recognition of the competencies they acquire.

Inmate workers shall be under the direct supervision of the facility staff at all times when they are

on assignment through the Inmate Work Program.

Persons who are responsible for the supervision of inmates on work crews should receive training

in basic areas of safety, security and reporting procedures.

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Disciplinary action for inmate worker misconduct shall adhere to the Inmate Discipline Policy.

1014.8 INMATE WORKER TRAINING

Inmates who are assigned to work in any area that may require the handling of any chemicals or

the use of any equipment shall receive training from the respective office supervisor prior to using

the chemicals or equipment. Work-crew supervisors shall also train inmate workers on safety

practices. Inmates should never be assigned to handle dangerous chemicals or equipment that

normally require a level of expertise and competency beyond their demonstrated ability.

1014.9 INMATE WORKER INCENTIVES

The Chief Deputy is responsible for establishing a recognition program for inmates assigned to

the Inmate Work Program. Recognition of inmates can be observed in the following ways:

(a)

Granting "Good Time and Work" credits as allowed by state or local law.

(b)

Using credits for sentence reduction when allowed by statute.

(c)

Granting special housing, extra privileges, recreation and special rewards, as allowed

by law regulation and policy. Inmate welfare funds may be used to offset the cost of

a reward program.

(d)

Awarding certificates of achievement for successful completion of vocational,

educational and/or work programs.

(e)

When allowed by law, ordinance and in consideration with local labor relations, given

monetary compensation for work on government projects.

Policy

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Religious Programs

1015.1 PURPOSE AND SCOPE

This policy provides guidance regarding the right of inmates to exercise their religion and for

evaluating accommodation requests for faith-based religious practices of inmates (15 CCR 1072).

1015.1.1 DEFINITIONS

Definitions related to this policy include:

Compelling government interest - A method for determining the constitutionality of a policy that

restricts the practice of a fundamental right. In order for such a policy to be valid, there must be

a compelling government interest, which is necessary or crucial to the mission of the Office, as

opposed to something merely preferred, that can be furthered only by the policy under review.

Least restrictive means - A standard imposed by the courts when considering the validity of

policies that touch upon constitutional interests. If the Office adopts a policy that restricts a

fundamental religious liberty, it must employ the least restrictive measures possible to achieve

its goal.

Religious exercise - Any exercise of religion, whether or not it is compelled by, or central to, a

system of religious belief. The key is not what a faith requires but whether the practice is included

in the inmate’s sincerely held religious beliefs.

Substantial burden - For the purposes of this policy, substantial burden means either of the

following:

•

A restriction or requirement imposed by the Office that places an inmate in a position

of having to choose between following the precepts of his/her religion and forfeiting

benefits otherwise generally available to other inmates, or having to abandon one of

the precepts of his/her religion in order to receive a benefit.

•

The Office puts considerable pressure on an inmate to substantially modify his/her

behavior in violation of his/her beliefs.

1015.2 POLICY

It is the policy of this office to permit inmates to engage in the lawful practices and observances

of their sincerely held religious beliefs consistent with the legitimate governmental objectives of

the facility.

1015.3 CHAPLAIN

The Sheriff shall appoint an individual to serve as the chaplain for the facility. The chaplain shall be

responsible for assisting the Chief Deputy with supervising, planning, directing and coordinating

religious programs. The chaplain may be responsible for duties including, but not limited to:

(a)

Coordinating religious services.

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(b)

Maintaining a list of accepted religious practices that have been approved by the Chief

Deputy and ensuring the current list is available to the staff.

(c)

Reviewing requests for religious accommodations.

(d)

Providing or arranging for grief counseling for inmates.

(e) Distributing a variety of religious texts.

(f)

Developing and maintaining a liaison with a variety of religious faiths in the community.

(g)

Making reasonable efforts to enlist religious leaders from outside the community as

necessary.

(h)

Seeking donations for religious programs from the community, when appropriate.

(i)

Working with inmate families when requested.

(j) Periodically surveying the facility population to assist in determining whether current

resources are appropriate for the inmate population.

(k)

Providing guidance to the Sheriff and the Chief Deputy on issues related to religious

observance.

1015.4 RELIGIOUS BELIEFS AND ACCOMMODATION REQUESTS

Inmates are not required to identify or express a religious belief. An inmate may designate any

belief, or no belief, during the intake process and may change a designation at any time by

declaring his/her religious belief in writing to the chaplain. Inmates seeking to engage in religious

practices shall submit a request through the established process. Requests to engage in practices

that are on the facility’s list of accepted practices should be granted. Requests to engage in

religious practices that are not on the approved list shall be processed as provided in this policy.

All requests for accommodation of religious practices shall be treated equally, regardless of the

religion that is involved. Equal and consistent treatment of all religions and religious beliefs shall

not always require that all inmates of the same religion receive the same accommodations.

Requests for accommodation of religious practices shall be submitted to a supervisor. In

determining whether to grant or deny a request for accommodation of a religious practice, the

supervisor will work with the chaplain to determine the sincerity of the religious claim of an inmate.

Requests should be denied only if the denial or reason for denial would further a compelling interest

of the facility and is the least restrictive means of furthering that compelling interest.

A supervisor who does not grant the accommodation, either in part or in full, should promptly

forward the request to the Chief Deputy, who, after consultation with legal counsel as appropriate,

should make a determination regarding the request within 10 days following the inmate’s request.

A Chief Deputy who does not grant an accommodation, either in part or in full, should forward the

request to the Sheriff with the basis for the denial within 14 days of the inmate’s original request

being made. The Sheriff or the authorized designee will review the denial and respond to the

requesting inmate as soon as reasonably practicable.

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The Chief Deputy and the Sheriff shall be informed of all approved accommodations. The

chaplain should make any necessary notifications to staff as necessary to meet an approved

accommodation.

All inmate requests for religious accommodations and related determinations shall be fully

documented in the inmate’s record.

1015.4.1 SUSPENSION OR REVOCATION OF ACCOMMODATIONS

In an emergency or extended disruption of normal facility operations, the Chief Deputy may

suspend any religious accommodation. The Chief Deputy may also revoke or modify an approved

religious accommodation if the accommodated inmate violates the terms or conditions under which

the accommodation was granted.

1015.4.2 APPEALS OF SUSPENSION OR REVOCATION OF ACCOMMODATIONS

Inmates may appeal the Chief Deputy’s denial, suspension or revocation of an accommodation

through the inmate appeal process.

1015.5 DIETS AND MEAL SERVICE

The Chief Deputy should provide inmates requesting a religious diet, including fasting and/or

hour of dining, a reasonable and equitable opportunity to observe their religious dietary practice.

This should be done within budgetary constraints and be consistent with the security and orderly

management of the facility. The chaplain shall provide a list of inmates authorized to receive

religious diets to the food services manager. The food services manager shall establish a process

for managing religious meal accommodations.

1015.5.1 PROHIBITION ON USE OF ALCOHOL OR DRUGS FOR RELIGIOUS

OBSERVANCE

Illegal substances are prohibited from use in religious services under RLUIPA. Otherwise legal

substances, such as alcohol, may be permitted in religious rituals provided that:

• There is a recognized legitimate religious practice of which the consumption of a

substance is an essential aspect of the religious practice.

• No reasonable alternative (such as non-alcoholic) means exists to exercise such an

essential aspect of an inmate's faith and this imposes a substantial burden on an

inmate's faith.

• The quantity of the substance consumed as part of the ritual will not intoxicate or impair

the inmate.

• Adequate controls on the substance and limits upon the quantity are provided by the

chaplain and approved by the Chief Deputy.

• The activity will not otherwise disrupt facility safety or control interests.

Limited exceptions may be made in writing by the Chief Deputy based upon the chaplain's

recommendation that there is significant compelling reason to permit ceremonial consumption.

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1015.5.2 GROUP SERVICES

Group religious services may be allowed but only after careful consideration of the inmate's

classification or any other concerns that take into account the order, safety and security of the

facility. Alternatives to the provision of group religious services to inmates, who by reason of

security or classification are unable to attend, include, but are not limited to, the following:

• The provision of religious books and reading material

• Access to religious counselors (non-inmate)

• Recorded religious media (e.g., DVD, CD, video tapes)

1015.5.3 RELIGIOUS SYMBOLS AND IMPLEMENTS

Religious symbols and implements used in the exercise of religion are allowed unless the symbol

or implements would pose a threat to the safety and security of the facility. Alternatives to the

provision of religious symbols and implements may be considered when security, safety or efficient

operations are jeopardized. For example, a towel may be issued in place of a prayer rug.

1015.5.4 RELIGIOUS GARMENTS AND CLOTHING

As a matter of health, sanitation, security and safety of the facility, inmates will be issued clothing

upon being processed and housed. Inmates who practice a religion that as a precept requires

garments other than standard-issue clothing should be reasonably accommodated, provided such

items do not jeopardize security, safety and sanitation concerns.

Approved head coverings shall be searched thoroughly before being worn in the housing areas

of the facility and shall be subject to random searches for contraband.

Religious garments that substantially cover the inmate's head and face shall be temporarily

removed during the taking of booking and identification photographs. Female inmates shall not

be required to remove head and facial garments in the presence of male staff unless there is a

reasonable concern for safety and security, and sufficient female staff are not available.

To the extent reasonably practicable, alternative housing may be considered to accommodate an

inmate's need for religious attire, while meeting the security needs of the facility.

1015.5.5 RELIGIOUS HAIR STYLES AND GROOMING

Unless it is necessary for the health and sanitation of the facility, inmates who wear head and

facial hair in the observance of their religion will generally not be required to shave or cut their hair.

To the extent reasonably practicable, alternative housing may be considered to accommodate the

need for religious hair and grooming, while meeting the health and sanitation needs of the facility.

Any inmate whose appearance is substantially altered due to changes in facial hair or hair length

may be required to submit to additional identification photographs.

1015.6 HAIRSTYLES AND GROOMING

Unless it is necessary for the health and sanitation of the facility, inmates who wear head and

facial hair in the observance of their religion will generally not be required to shave or cut their hair.

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To the extent reasonably practicable, alternative housing may be considered to accommodate the

need for religious hair and grooming, while meeting the health and sanitation needs of the facility.

Any inmate whose appearance is substantially altered due to changes in facial hair or hair length

may be required to submit to additional identification photographs.

1015.7 RELIGIOUS TEXTS

Religious texts should be provided to the requesting inmate, if the texts available do not pose a

threat to the safety, security and orderly management of the facility.

1015.8 UNAUTHORIZED PRACTICES OR MATERIAL

The following list, which is not intended to be exhaustive, includes materials or practices that shall

not be authorized:

(a) Animal sacrifice

(b) Language or behaviors that could reasonably be construed as presenting a threat to

facility safety or security

(d) Use, display or possession of weapons

(e) Self-defense or military training

(f) Disparagement of other religions

(g) Nudity or sexual acts

(h) Profanity

(i) Use of illegal substances or controlled substances without a prescription

1015.8.1 QUALIFICATIONS

In consideration of the position of chaplain, the Chief Deputy should work with Office Department of

Human Resources recruiting analysts to select an individual who meets the minimum qualifications

for the position with an emphasis in clinical pastoral education or other related specialized training

and who is recognized by an appropriate religious authority. The individual selected as chaplain

must be willing to provide for the equal status and protection of all religions observed by inmates

in the facility without reservation.

1015.8.2 TRAINING

The Chief Deputy or the authorized designee shall provide training in safety and security to

the chaplain. The chaplain shall approve and train lay and clergy volunteers from the faiths

represented in the inmate population, including the preparation of a training curriculum and

development and maintenance of training records.

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1015.9 GROUP RELIGIOUS SERVICES

Group religious services may be allowed after due consideration of the inmate’s classification or

other concerns that may adversely affect the order, safety and security of the facility.

Alternatives to attendance of group religious services may include, but are not limited to:

• The provision of religious books and reading materials.

• Access to religious counselors.

• Recorded religious media (e.g., DVDs, CDs, video tapes).

1015.10 RELIGIOUS SYMBOLS AND IMPLEMENTS

Religious symbols and implements used in the exercise of religion should generally be allowed

unless the symbol or implement poses a threat to the safety and security of the facility. Alternatives

to the provision of religious symbols and implements may be considered when security, safety or

efficient operations may be jeopardized (e.g., substitution of a towel in lieu of a prayer rug).

1015.11 RELIGIOUS GARMENTS AND CLOTHING

Inmates who practice a religion that requires particular modes of dress, garments, headgear, etc.,

other than standard-issue clothing, should generally be accommodated subject to the need to

identify inmates and maintain security.

Head coverings shall be searched before being worn in the housing areas of the facility and shall

be subject to random searches for contraband. Personal head coverings should be exchanged in

favor of office-supplied head coverings when available and appropriate.

Inmates wearing headscarves or other approved coverings shall not be required to remove them

while in the presence of or while visible to the opposite sex, if they so desire. Religious garments

that substantially cover the inmate’s head and face shall be temporarily removed during the taking

of booking and identification photographs.

To the extent reasonably practicable, alternative housing may be considered to accommodate an

inmate’s need for religious attire, while meeting the security needs of the facility.

1015.12 FAITH- AND MORALS-BASED COUNSELING

The Chief Deputy shall be responsible for establishing a plan for inmates to receive faith- and

morals-based counseling from the chaplain or religious volunteers. Inmates should be reasonably

accommodated, including reasonable access to clergy members and spiritual advisers, volunteer

religious organizations, faith- and morals-based programs and other secular volunteer programs.

No inmate shall be required to participate in any such program.

1015.13 SPACE AND EQUIPMENT FOR RELIGIOUS OBSERVANCES

The Chief Deputy shall ensure that there are sufficient facilities and resources for the chaplain to

serve the inmate population, including providing access to areas of the facility. Space for group

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worship will be dictated by the availability of secure areas and the classification status of the

inmates to be served. All recognized religious groups should have equal access to the space,

equipment and services which the facility normally provides for religious purposes.

1015.14 COMMUNITY RESOURCES

The chaplain may minister his/her particular faith and any other similar faiths to inmates but should

also establish contacts with clergy of other faiths who can provide services to inmates of other

religious denominations.

Whenever the chaplain is unable to represent or provide faith-based services to an inmate,

a religious leader or other volunteer from the community, credentialed by the particular faith,

should be sought to help provide services. All individuals providing faith-based services should

be supervised by the chaplain. All efforts to contact faith-based representatives should be

documented and retained in accordance with established records retention schedules.

Volunteers are another valuable resource that could be utilized extensively in the delivery of the

religious program (see the Volunteer Program Policy). A volunteer could ensure that religious

personnel who provide programming in the facility possess the required credentials and have the

security clearance to enter the facility.

The chaplain, in cooperation with the Chief Deputy or the authorized designee, shall develop

and maintain communication with faith communities. The chaplain shall review and coordinate

with the Chief Deputy regarding offers to donate equipment or materials for use in the religious

programs. All communication efforts and donations should be documented and retained in

accordance with established records retention schedules.

1015.15 TRAINING

The Office shall provide training to facility staff on the requirements of this policy.

The Office shall also provide training in safety and security to the chaplain. The chaplain shall

approve and train clergy and religious volunteers. This includes the preparation of a training

curriculum, as well as the development and maintenance of training records.

1015.16 STAFF RESPONSIBILITIES

Members shall not show favoritism or preference to any religion and will not discriminate or

retaliate against any inmate for participating or not participating in any religion or religious practice.

Inmates are not required to participate in religious programs or activities.

Facility staff will not allow their personal religious beliefs to influence them in the daily management

of the inmate population, particularly as it relates to religious practices.

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Chapter 11 - Facility Design

Policy

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Facility Design and Space Requirements

1100.1 PURPOSE AND SCOPE

This policy describes the desired space and environmental requirements for the physical plant.

1100.2 POLICY

It is the policy of this office to comply with federal and state laws, codes and correctional standards

in matters relating to the jail space and environmental requirements. Any designs for renovations,

modifications, additions or new construction within the facility should be in compliance with federal

and state laws, codes and jail standards.

Planned designs for renovations, modifications, additions or new construction within the facility

should facilitate continuous personal contact and interaction between the custody staff and

inmates. This contact should be by direct physical observation of all cells, dayrooms and recreation

areas. Electronic surveillance may be used to augment the observation of inmates but shall not

be used as a substitute for personal contact and interaction.

All parts of the facility that are accessible to the public should be accessible to and usable by

disabled persons.

1100.3 SPACE REQUIREMENTS

Except for emergency accommodations of a limited duration, all areas in the physical plant shall

conform to building and design requirements contained in federal and state law, codes and

minimum jail standards as required for their intended design and use. Areas that are repurposed

for other than their original intended use shall likewise comply with all building design requirements

for the new purpose.

1100.3.1 ADMINISTRATIVE SPACE

The Chief Deputy shall work with the appropriate agency to ensure that adequate space is

provided for administrative, security, professional and clerical staff. This space should include the

following:

• Administrative and professional staff offices

• Storage for records

• Conference and training rooms

• Public lobby

• Locker rooms or other rooms in which to change clothing and to shower

• Employee break room, dining or lounge that offers privacy from inmates

• Exercise facilities and physical fitness training equipment

• Space for shift-change and briefing information exchange

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• Toilets and wash basins for staff use only

1100.3.2 SEGREGATION SPACE

Segregation housing units shall provide inmates with living conditions that reflect those of general

population housing, except where the units are required to provide for the safety and security of

the facility. The cells used for segregation housing shall be single occupancy and measure at least

70 square feet, of which 35 square feet is unencumbered.

The segregation unit should be designed to ensure that an inmate receives the required amount

of time outside his/her cell and is able to easily access recreational activities, visitor areas and

telephones.

1100.3.3 SINGLE-OCCUPANCY CELL SPACE

Single-occupancy cells shall consist of at least 35 square feet of unencumbered space. A minimum

of 70 square feet of total floor space shall be provided when the occupant is confined for more

than 10 hours per day. No more than one inmate at a time should be housed in each single-

occupancy cell.

1100.3.4 MULTIPLE-OCCUPANCY CELL SPACE

Multiple-occupancy cells shall contain at least 25 square feet of unencumbered space per

occupant if confinement is for less than 10 hours per day, and 35 square feet of space per occupant

if confinement exceeds 10 hours per day. The number of inmates in a multiple occupancy cell

shall not exceed the space per occupant requirement.

1100.4 ALTERNATE APPROVED CAPACITY

If needed, the Chief Deputy may base the approved capacity on an alternate method of calculation

as provided in the jail standards. This alternate method allows capacity to be based on overall

living space available to inmates, adjusted for the time inmates actually have access to any specific

areas. If this method is selected, the Chief Deputy, together with [City/County] officials, should

develop a plan to bring the facility into agreement with the space-related standards within a five-

year period.

1100.4.1 LIGHTING LEVELS

Lighting levels in inmate cells shall consist of a minimum of 20 foot candles in the personal

grooming area and at the writing surface. Lighting throughout the facility shall be sufficient for staff

and inmates to perform necessary tasks.

1100.4.2 NATURAL LIGHT

(a)

All inmate cells shall provide the occupant with natural light.

(b)

Inmates who are housed in general population shall have access to natural light

consisting of a window or opening of 3 square feet or greater. The natural light source

shall be in the immediate vicinity of the cell or room for inmates confined to their cell

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for 10 or more hours daily. For inmates who are confined to their cell for less than 10

hours, the natural light source may be between their cell and an adjacent space.

(c)

Each dayroom shall provide at least 12 square feet of transparent glazing, with a view

to the outside, plus 2 additional square feet of glazing per inmate whose cell does not

contain an exterior view.

1100.4.3 NOISE LEVEL

Noise levels in cells and housing units will not exceed 70 dBA during the day and 45 dBA during

sleeping hours. Noise measurements in each housing unit shall be documented by a qualified,

independent source no less than once per yearly inspection cycle and a report provided to the

Chief Deputy.

1100.4.4 VENTILATION

The ventilation system shall be sized and calibrated to supply at least 15 cubic feet per minute of

circulated air per facility occupant, with a minimum of 5 cubic feet per minute of outside air. Toilet

rooms and cells with toilets shall be calibrated to have no less than four exchanges of air per hour,

unless local codes require a different number of air exchanges.

Air quantities shall be documented no less than once per year by a qualified independent

contractor, in a report provided to the Chief Deputy.

1100.4.5 TEMPERATURE LEVELS

Temperature and humidity levels shall be mechanically maintained at a level established by facility

maintenance personnel and deemed comfortable and cost efficient.

Temperature readings shall be documented for each area of the facility on a weekly basis on the

appropriate log. Staff shall immediately contact facility maintenance in the event that temperatures

or humidity levels become uncomfortable.

1100.4.6 CELL FURNISHINGS

Each inmate housed in this facility shall be provided with the following items:

• A sleeping surface and mattress at least 12 inches off the floor

• A writing surface and seat

• An area for the storage of clothing and personal belongings

1100.5 DETENTION HARDWARE

All locks, detention hardware, fixtures, furnishings and equipment shall have the proper security

value for the areas in which they are used. The use of padlocks in place of security locks on cell

or inmate housing unit doors is generally prohibited, as unauthorized locking mechanisms may

pose a significant threat to the safety and security of the facility in the event of an emergency.

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1100.6 ENVIRONMENTAL REQUIREMENTS

All occupied areas of the physical plant shall conform to the building and design requirements

contained in federal and state law, codes and jail standards with respect to light, air and noise level.

1100.6.1 LIGHTING LEVELS

Lighting throughout the facility shall be sufficient for staff and inmates to perform necessary

tasks. Night lighting levels should permit adequate illumination for supervision but should not

unnecessarily interfere with the ability of inmates to sleep.

1100.6.2 NATURAL LIGHT

All inmate living areas should provide visual access to natural light, unless prohibited by security

concerns.

1100.6.3 NOISE LEVEL

Noise levels at night should be sufficiently low to allow inmates to sleep. Nothing in this policy is

intended to limit or impair in any way staff's ability to monitor the jail in a manner that is consistent

with safety and security and good correctional practices. Noise measurements in each housing unit

shall be documented by a qualified independent source no less than once per annual inspection

cycle and a report provided to the Chief Deputy.

1100.6.4 VENTILATION

The ventilation system shall be sized and calibrated to supply fresh or circulated air in accordance

with federal and state laws, codes and jail standards. Toilet rooms and cells with toilets shall

be calibrated to have no less than four exchanges of air per hour, unless local codes require a

different number of air exchanges.

Other than an emergency situation, inmates or jail staff shall not adjust or restrict the ventilation

systems without the express permission of the supervisor. Any adjustments made to the ventilation

system shall only be allowed for the duration of the emergency or until qualified maintenance

personnel can adjust or repair the ventilation system.

Air quantities shall be documented at least annually by a qualified independent contractor, and a

report provided to the Chief Deputy.

1100.6.5 TEMPERATURE LEVELS

Temperature and humidity levels shall be mechanically maintained at a level established by facility

maintenance personnel and deemed comfortable and cost efficient.

Temperature readings shall be documented for each area of the facility on a weekly basis on the

appropriate log. Staff shall immediately contact facility maintenance in the event that temperatures

or humidity levels become uncomfortable.

1100.6.6 CELL FURNISHINGS

Each inmate housed in this facility shall be provided with the following items:

• A sleeping surface and mattress at least 12 inches off the floor

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• A writing surface and seat

• An area for the storage of clothing and personal belongings

1100.7 DAYROOMS

Dayrooms shall be equipped with at least one shower for every 20 inmates or fraction thereof, and

tables and sufficient seating for all inmates at capacity. Where inmates do not have continuous

access to their cells, dayrooms shall also equipped with one toilet, an immediate source of fresh

potable water and lavatory with hot and cold water for every 10 inmates or fraction thereof.

1100.8 JANITOR CLOSETS

Janitor closets shall be located near or inside each housing unit. Each janitor closet should contain

a sink and the necessary cleaning implements. Access to the janitor closets shall be controlled

and supervised by the staff. Only inmates with a minimum security classification status shall be

allowed access to the janitor closets, and then only under the supervision of staff.

1100.9 EMERGENCY POWER

The facility shall be equipped with a sufficient emergency power source to operate

communications, security and alarm systems in control centers, and emergency lighting in

corridors, stairwells, all inmate housing areas, security control points and audio-visual monitoring

systems.

1100.10 NEW CONSTRUCTION AND RENOVATION

In the case of partial renovation of an existing facility, it is intended that these standards should

apply only to the part of the facility being renovated. The remainder of the facility would be subject

to the existing standards.

Policy

1101

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Smoking/Tobacco Use

1101.1 PURPOSE AND SCOPE

This policy establishes limitations on the use of tobacco products by employees and others while

on-duty or while in Monterey County Sheriff's Office facilities or vehicles.

1101.2 POLICY

The Monterey County Sheriff's Office recognizes that tobacco use is a health risk and can be

offensive to other employees and to the public. It is the policy of the Monterey County Sheriff's

Office to prohibit the use of tobacco by employees while on-duty or at any time the employee is

acting in an official capacity for the Office.

1101.3 EMPLOYEE USE

Tobacco use by employees is prohibited any time employees are in public view representing the

Office.

Smoking and the use of other tobacco products is not permitted inside any county facility, office

or vehicle.

It shall be the responsibility of each employee to ensure that no person under his/her supervision

smokes or uses any tobacco product inside county facilities and vehicles.

1101.4 ADDITIONAL PROHIBITIONS

Smoking and use of other tobacco products is not permitted inside office facilities or any office

vehicle, or any other county building (Labor Code § 6404.5).

No person shall smoke tobacco products within 20 feet of a main entrance, exit or operable window

of any public building, including any office facility or a building on the campuses of the University

of California, California State University and the California community colleges, whether present

for training or any other purpose (Government Code § 7596 et seq.).

Policy

1102

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Control Center

1102.1 PURPOSE AND SCOPE

The purpose of this policy is to establish guidelines for a control center for monitoring and

coordinating the facility security, safety and communications.

1102.2 POLICY

It is the policy of this office to maintain a control center, designated as Control, which shall

be secure and staffed 24 hours each day to monitor and coordinate security, safety and

communications.

1102.3 COMMUNICATIONS AND MONITORING CAPABILITIES

Control shall have multiple means of direct communication capabilities with all staff control stations

in inmate housing areas, including telephone, intercom and radio.

The Control staff shall be responsible for monitoring fire, smoke and life safety alarms and shall

have the means to summon assistance in the event of an emergency.

1102.4 SECURITY

Access into the Control should be through a sallyport entrance controlled by the staff inside the

Control.

At no time should inmates be allowed in the Control without Deputy or ISS supervision.

Policy

1103

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Crowding

1103.1 PURPOSE AND SCOPE

One of the determining factors in maintaining a safe and secure jail is to limit the inmate population

to the number of beds constructed in each inmate classification level. Occasionally, emergencies

occur that will require the jail to exceed its approved bed capacity. This policy establishes the

approved bed capacity of the facility, addresses temporary population excess and provides a plan

for gathering statistics and projecting long-term space needs via a jail needs assessment.

1103.2 POLICY

It is the policy of the Monterey County Sheriff's Office to manage the inmate population to the

extent as is reasonably possible to avoid exceeding the facility’s approved bed capacity.

1103.3 FACILITY NEEDS ASSESSMENT

In the event that the jail maintains an average 80 percent occupancy rate consistently for one

year, the Office should initiate a jail needs assessment. The assessment initiates a systematic

process that is designed to identify a variety of operational issues and program needs, and may

indicate when expansion or replacement of the facility is warranted.

1103.4 DAILY INMATE POPULATION REPORT

The Chief Deputy or the authorized designee is responsible for ensuring that detailed daily logs of

the facility’s inmate population and other demographic information are completed and maintained

by the staff. These logs shall reflect the monthly, average daily population of sentenced and non-

sentenced inmates by categories of male and female as of midnight of each day. The number of

inmates occupying holding cells shall also be counted at midnight each day. An inmate population

report summarizing this information shall be created daily and distributed to the Sheriff and the

Chief Deputy (see the Population Management Policy). The Chief Deputy shall provide the Board

of State and Community Corrections with applicable inmate demographic information as described

in the Jail Profile Survey (15 CCR 1040).

1103.5 RESPONSIBILITIES

The Sheriff is responsible for ensuring that the facility has a sufficient number of housing units in an

appropriate configuration so that inmates can be separated according to the facility’s classification

plan.

In the event of an emergency that causes the facility to be populated beyond the approved bed

capacity, every reasonable effort should be made to reduce the inmate population to the approved

bed capacity as soon as reasonably practicable. The Office will take affirmative action to address

excess population. In the event that the inmate population remains over capacity or continues to

increase, a crowding committee should be formed to examine any and all methods to ensure that

the facility population is reduced and remains within the approved bed capacity.

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Index - 529

INDEX / TOPICS

. . . . . . . . . . . . . . . . . . 300

. . . . . . . . . . . . . . . . . . 369

ACCESS CARDS . . . . . . . . . . . . 61

ADAPTIVE DEVICE . . . . . . . . . . 368

ADMINISTRATIVE REPORT FORMAT . . 19

BARBERING SANITATION . . . . . . . 434

BRIEFING TRAINING . . . . . . . . . 139

BUDGET

Budget request. . . . . . . . . . . . 42

BUDGET OBJECTIVES . . . . . . . . . 42

BUDGET PLAN . . . . . . . . . . . . 42

CANINE PROGRAM . . . . . . . . . . 249

CANINE TRAINING RECORDS . . . . . 249

CANINE-ASSISTED SEARCHES . . . . . 231

CELL FURNISHINGS . . . . . . . . . 523

CHAIN OF COMMAND . . . . . . . . . 9

CHEMICAL AGENT . . . . . . . . . . 127

CLINICAL CARE REVIEW . . . . . . . 381

CLINICAL DECISIONS . . . . . . . . 376

CLINICAL ENCOUNTERS . . . . . . . 416

CLINICAL MORTALITY REVIEW

CMR. . . . . . . . . . . . . . . 381

COMMUNITY RELATIONS

Public Information Plan. . . . . . . . 84

CONFIDENTIAL RECORDS . . . . . . . 53

CONFIDENTIALITY REQUIREMENTS . . 53

CONTINUING PROFESSIONAL EDUCATION

. . . . . . . . . . . . . . . . . . . 119

CONTINUITY OF CARE . . . . . . . . 389

CONTINUOUS QUALITY IMPROVEMENT 391

CONTRABAND . . . . . . . . . . . . 223

CONTRABAND SEARCHES . . . . . . 230

CONTROL CENTER . . . . . . . . . . 527

CORRESPONDENCE . . . . . . . . . . 18

COUNSELING . . . . . . . . . . . . 480

CRIMINAL EVIDENCE SEARCHES . . . 231

CRIMINAL RECORDS . . . . . . . . . 53

CRISIS INTERVENTION . . . . . . . . 480

DAILY TRAINEE PERFORMANCE

EVALUATIONS . . . . . . . . . . . . 122

DATA CONFIDENTIALITY . . . . . . . 53

DAYROOMS . . . . . . . . . . . . . 525

DISABILITY . . . . . . . . . . . . . 78

DRUG TESTING, WORK RELEASE PROGRAM

. . . . . . . . . . . . . . . . . . . 509

ECD DEVICE . . . . . . . . . . . . . 195

ECTOPARASITE CONTROL . . . . . . 360

ELECTIVE PROCEDURES . . . . . . . 315

EMERGENCY POWER . . . . . . . . . 525

EMERGENCY POWER AND

COMMUNICATIONS . . . . . . . . . 159

EMERGENCY STAFFING PLAN . . . . . 154

EMERGENCY WATER . . . . . . . . . 427

EMPLOYEE COMPENSATION . . . . . . 75

EMPLOYEE ORIENTATION, PARAMETERS

. . . . . . . . . . . . . . . . . . . 118

END OF TERM RELEASE . . . . . . . 244

ESCAPE . . . . . . . . . . . . . . . 167

EXCITED DELIRIUM . . . . . . . . . 198

EXERCISE

Recreation. . . . . . . . . . . . . 481

EXTERIOR-USE TOOLS . . . . . . . . 51

FACILITY KEYS . . . . . . . . . . . . 61

FOOD SERVICE REQUIREMENTS . . . . 440

FOOD SERVICE TRAINING . . . . . . 443

FOOD SERVICES . . . . . . . . . . . 438

FOOD SERVICES MANAGER . . . . . . 438

FOOD SERVICES MANAGER, RESPONSIBILITY

. . . . . . . . . . . . . . . . . . . 443

FOOD STORAGE . . . . . . . . . . . 463

FOREIGN NATIONALS . . . . . . . . 280

FORENSIC EVIDENCE . . . . . . . . . 404

GRIEVANCE

health care. . . . . . . . . . . . . 312

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GRIEVANCE AUDITS . . . . . . . . . 304

GROOMING . . . . . . . . . . . . . 298

HABEAS CORPUS FORMS . . . . . . . 276

HANDWRITTEN REPORTS . . . . . . . 58

HAZARDOUS WASTE DISPOSAL . . . . 421

HEALTH CARE ADMINISTRATIVE MEETINGS

. . . . . . . . . . . . . . . . . . . 309

HEALTH RECORDS, MANAGEMENT . . 396

HIPAA . . . . . . . . . . . . . . . 328

HONORARY CONSULS . . . . . . . . 282

HOSTAGE RESCUE TEAM . . . . . . . 151

HOUSING UNIT SEARCHES . . . . . . 230

IMMUNITY . . . . . . . . . . . . . 280

IN-CUSTODY DEATH NOTIFICATION . . 381

INDIGENT INMATES . . . . . . . . . 493

INFIRMARY CARE . . . . . . . . . . 386

INFORMED CONSENT . . . . . . . . . 393

INMATE ACCESS TO COURTS AND COUNSEL

. . . . . . . . . . . . . . . . . . . 275

INMATE CONTROL . . . . . . . . . . 47

INMATE DEATH . . . . . . . . . . . 381

INMATE DEATH REVIEW . . . . . . . 382

INMATE GRIEVANCE FORM . . . . . . 302

INMATE GRIEVANCES . . . . . . . . 302

INMATE HEALTH CARE COMMUNICATION

. . . . . . . . . . . . . . . . . . . 401

INMATE INJURIES . . . . . . . . . . 430

INMATE MAIL

Forwarding. . . . . . . . . . . . . 496

INMATE PROPERTY STORAGE . . . . . 172

INMATE RECEPTION . . . . . . . . . 168

INMATE RECORDS . . . . . . . . . . 56

INMATE RIGHTS . . . . . . . . . . . 284

INMATE SAFETY PROGRAM . . . . . . 430

INMATE SUICIDE . . . . . . . . . . 382

INMATE TRUST FUND . . . . . . . . 477

INMATE VOTING . . . . . . . . . . . 306

INMATE WELFARE FUND . . . . . . . 474

INMATE WORK PROGRAM . . . . . . 510

INSPECTION OF FOOD PRODUCTS . . . 457

INSPECTION, SANITATION . . . . . . 418

INSPECTIONS . . . . . . . . . . . . . 73

Food Service Area. . . . . . . . . . 461

INTRODUCTORY SUMMARY

MEMORANDUMS

Memorandums. . . . . . . . . . . . 18

JANITOR CLOSETS

Closets. . . . . . . . . . . . . . 525

KEY CONTROL RECORDS . . . . . . . 63

KEY IDENTIFICATION . . . . . . . . . 61

KEY INVENTORY . . . . . . . . . . . 62

LEGAL ASSISTANCE . . . . . . . . . 10

LEGAL FOUNDATION . . . . . . . . . 10

LEGAL LIAISON . . . . . . . . . . . 10

LETTERHEAD . . . . . . . . . . . . . 18

MAIL, INMATE . . . . . . . . . . . . 493

MEDIA ACCESS . . . . . . . . . . . . 80

MEDICAL EMERGENCIES . . . . . . . 319

MEDICAL EQUIPMENT AND SUPPLY

CONTROL . . . . . . . . . . . . . . 388

MEMORANDUM OF UNDERSTANDING

MOU. . . . . . . . . . . . . . . . 75

MENTAL HEALTH SERVICES . . . . . 343

NURSING ASSESSMENT PROTOCOLS . . 384

OFF-SITE MEDICAL CARE . . . . . . . 316

ORTHOSES . . . . . . . . . . . . . 368

PAT-DOWN SEARCHES . . . . . . . . 224

PERIMETER SECURITY . . . . . . . . 76

PERSONAL PROTECTIVE EQUIPMENT

PPE. . . . . . . . . . . . . . . . 362

PHYSICAL BODY CAVITY SEARCH . . . 223

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PHYSICAL IMPAIRMENT

Mental impairment. . . . . . . . . . 78

PHYSICAL PLANT SEARCHES . . . . . 230

POSITION CONTROL . . . . . . . . . . 43

POST-MORTEM . . . . . . . . . . . 381

PRISONER RESTRAINT SYSTEM . . . . 88

PRIVACY OF CARE . . . . . . . . . . 416

PRO PER STATUS

Materials and supplies. . . . . . . . 277

PROHIBITED MATERIALS . . . . . . . 85

PROSTHESES . . . . . . . . . . . . 368

PROTECTION FROM ABUSE . . . . . . 284

PSYCHOLOGICAL AUTOPSY . . . . . 381

QUALIFIED HEALTH CARE PROFESSIONALS

. . . . . . . . . . . . . . . . . . . 379

RECEIVING SCREENING . . . . . . . 338

RELEASE PLANNING . . . . . . . . . 414

RELEASED INMATES, RESOURCES . . . 504

RELIGIOUS DIETS . . . . . . . . . . 440

RELIGIOUS PRACTICE AND RITUALS . . 515

REPORT CHANGES

Report alterations. . . . . . . . . . . 60

REPORT CORRECTIONS . . . . . . . . 60

REPORT PREPARATION . . . . . . . . 58

REQUIRED REPORTING . . . . . . . . 58

RESEARCH INVOLVING INMATES . . . 54

RIGHT TO REFUSE . . . . . . . . . . 393

RLUIPA . . . . . . . . . . . . . . . 513

SAFETY RESTRAINTS . . . . . . . . . 88

SEARCHES . . . . . . . . . . . . . 223

SEAT BELTS . . . . . . . . . . . . . 88

SECURE BANKING OF INMATE FUNDS . 479

SMOKING

Tobacco. . . . . . . . . . . . . . 526

SPECIAL NEEDS INMATES . . . . . . 401

SPECIAL VISITS . . . . . . . . . . . 503

SPECIALIZED RESPONSE UNITS . . . . 126

STAFF REPORTS . . . . . . . . . . . 18

STAFFING ANALYSIS . . . . . . . . . 91

STAFFING PLAN . . . . . . . . . . . 43

STRIP SEARCH . . . . . . . . . . . . 223

SURVEYS . . . . . . . . . . . . . . 18

TASER . . . . . . . . . . . . . . . 195

TELEPHONE ACCESS . . . . . . . . . 498

TESTING, FOOD SERVICES . . . . . . 444

THERAPEUTIC DIETS . . . . . . . . . 439

TOILETS AND WASHBASINS . . . . . 452

TOOL AND CULINARY EQUIPMENT CONTROL

. . . . . . . . . . . . . . . . . . . 50

TOURS . . . . . . . . . . . . . . . . 85

TRAINING MANAGER . . . . . . . . 141

TRAINING MANUAL . . . . . . . . . 122

TRAINING NEEDS ASSESSMENT . . . . 141

TRAINING OFFICER

Training officer program. . . . . . . 122

TRAINING PLAN . . . . . . . . . . . 141

TRAINING RECORDS, BRIEFING . . . . 140

TRAINING RECORDS, CHEMICAL AGENT 127

TRAINING RECORDS, HEALTH CARE

PROVIDER TRAINING . . . . . . . . . 132

TRAINING RECORDS, TRAINING PLAN . 141

TRANSPORTATION LOGS . . . . . . . 238

USDA INSPECTIONS . . . . . . . . . 457

USE OF FORCE . . . . . . . . . . . . 127

VEHICLE INSPECTIONS . . . . . . . . 89

VEHICLE SAFETY . . . . . . . . . . . 88

VEHICLE SAFETY INSPECTIONS . . . . 89

VEHICLE SAFETY REPAIRS . . . . . . 89

VERMIN AND PEST CONTROL . . . . . 428

VICTIM NOTIFICATION . . . . . . . . 86

VISITATION . . . . . . . . . . . . . 500

VISITATION RULES, GENERAL . . . . 502

VISITORS . . . . . . . . . . . . . . . 76

VOLUNTEER COORDINATOR . . . . . 133

WARNINGS . . . . . . . . . . . . . 195

WATER SUPPLY . . . . . . . . . . . 427

WEAPONS STORAGE . . . . . . . . . 187

WORK RELEASE PROGRAM . . . . . . 507